California Court of Appeal

For purposes of Proposition 47 petitions for resentencing felonies as misdemeanors, theft of access card account information -- an offense that includes theft of credit and debit card information -- is one of the crimes eligible for reduced punishment, and: 1) Penal Code section 490.2's value threshold must be applied using the 'reasonable and fair market value' test; and 2) courts may consider evidence related to the possibility of illicit sales when determining the market value of stolen access card information.

Appellate Information

• Published 2017/03/27

Judges

• CUELLAR

Court

• California Court of Appeal

Counsel