People v. Jimenez CA2/6

Filed 1/12/23 P. v. Jimenez CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B316995 (Super. Ct. No. 2016041618) Plaintiff and Respondent, (Ventura County)

v.

MIGUEL ANGEL JIMENEZ,

Defendant and Appellant.

A jury convicted Miguel Angel Jimenez on two counts of identity theft. (Pen. Code, § 530.5, subd. (a).)1 The trial court reclassified the convictions as misdemeanor shoplifting and sentenced Jimenez to 360 days in county jail with credit for time served. Jimenez did not challenge his conviction or sentence. The People, however, appealed the reclassification ruling. We affirmed the sentence in a prior opinion. (People v. Jimenez (2018) 22 Cal.App.5th 1282.) The Supreme Court reversed and instructed this Court to remand the case for resentencing based

All further statutory references are to the Penal Code 1

unless otherwise stated.

on the identity theft convictions rather than shoplifting. (People v. Jimenez (2020) 9 Cal.5th 53, 72.) The trial court resentenced Jimenez to five years and four months in prison. He appeals, arguing the trial court abused its discretion by: (1) denying his request to reduce his convictions to misdemeanors under section 17, subdivision (b); and (2) denying his motion to strike a prior serious or violent felony under section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). We affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND2 On two different occasions, Jimenez entered Loan Plus, a commercial check-cashing business, and cashed a check from Outer Wall, Inc., made payable to himself. The checks were valued at $632.47 and $596.60, respectively. Outer Wall later confirmed it did not issue them to Jimenez. The People filed an information charging Jimenez with two felony violations of section 530.5, subdivision (a), unauthorized use of the personal identifying information of another.3 They further alleged Jimenez had a prior strike conviction in 2015 for assault with a deadly weapon plus a prison prior.