P. v. Nguyen CA4/3
Defendant Lap Phuong Nguyen appeals from an order denying a petition for resentencing of his conviction for violating Penal Code section 484e, subdivision (d) (unlawful acquisition of access card information) as a misdemeanor.
This is our second opinion in this case. In our first opinion we held that the trial court correctly denied the petition and we affirmed because section 484e was not listed in the relevant statute as one of the felonies for which resentencing could be sought. (People v. Nguyen (Oct. 14, 2016, G051524) [nonpub. opn.], review granted Dec. 21, 2016, S238410.) The California Supreme Court granted defendant’s petition for review, and later transferred the case back to this court for reconsideration in light of People v. Romanowski (2017) 2 Cal.5th 903 (Romanowski). We now reverse and remand for further proceedings.
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