People v. Brayton

Filed 8/10/18 (unmodified opinion attached) CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B284408 (Super. Ct. No. 2016005604) Plaintiff and Respondent, (Ventura County)

v. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] KARA TAYLOR BRAYTON,

Defendant and Appellant.

THE COURT: It is ordered that the opinion filed herein on July 31, 2018, be modified as follows: 1. The penultimate sentence in the first paragraph on page 1 is changed to read: “She uses another person’s driver’s license to falsely identify herself.”

There is no change in the judgment.

Filed 7/31/18 (unmodified version) CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B284408 (Super. Ct. No. 2016005604) Plaintiff and Respondent, (Ventura County)

v.

KARA TAYLOR BRAYTON,

Defendant and Appellant.

Defendant enters a department store and removes the price tags from two items for sale worth slightly over $100. She then tells store personnel she previously purchased the items and is returning them for a refund. She uses a stolen credit card to falsely identify herself. Defendant eventually pleads guilty to identity theft, a felony. We conclude defendant is eligible for relief under Proposition 47. Kara Taylor Brayton appeals an order denying her “motion” for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act. (Pen. Code, § 1170.18.)1 She previously pled guilty to identity theft (§ 530.5, subd. (a)), a