People v. Shorter CA2/2

Filed 8/25/20 P. v. Shorter CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B301955

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA054743) v.

ANTHONY SHORTER,

Defendant and Appellant.

THE COURT:

In 2003, defendant and appellant Anthony Shorter was convicted of three counts of first degree burglary, three counts of receiving stolen property, and one count of theft. Three prior serious felony allegations and “strike” allegations were also found true. Defendant’s total sentence was 90 years to life. Defendant appealed the judgment, and we affirmed. (People v. Shorter (July 7, 2005, B174700) [nonpub. opn.].)

On February 27, 2015, defendant filed a petition for recall and resentencing pursuant to Penal Code section 1170.18, subdivisions (a) and (f).1 The trial court granted his petition in part; his total prison sentence remained 90 years to life. Defendant appealed, arguing that his theft conviction under section 484e, subdivision (d) [theft of access cards or account information], must be reduced to a misdemeanor pursuant to Proposition 47. We rejected his argument and affirmed the judgment, concluding that section 484e did not fall within the scope of section 1170.18. (People v. Shorter (Mar. 8, 2016, B263972) [nonpub. opn.].) The California Supreme Court granted defendant’s petition for review (S233177), and on August 16, 2017, the matter was transferred back to the Court of Appeal for reconsideration in light of People v. Romanowski (2017) 2 Cal.5th 903. On September 27, 2017, we remanded defendant’s case to the trial court to conduct an evidentiary hearing to determine the value of the stolen access card information and then to “determine if resentencing [defendant] would . . . pose an unreasonable risk to public safety.” On February 26, 2018, the trial court held a resentencing consideration hearing and reduced defendant’s section 484e, subdivision (d), conviction to a misdemeanor. In so ruling, the trial court noted that “the current sentencing as to counts 1 and 2 [and 6] and any other enhancements . . . are not affected by the appellate court opinion or the remittitur. The only issue dealt