Opinion
B299513
08-12-2020
THE PEOPLE, Plaintiff and Respondent, v. EMILY PAOLA VELIZ, Defendant and Appellant.
Susan Morrow Maxwell, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. Los Angeles County Super. Ct. No. GA105161-02 APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Villalobos, Judge. Affirmed. Susan Morrow Maxwell, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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In 2019 the People charged defendant and appellant Emily Paola Veliz with two felonies: taking or driving a vehicle without consent in violation of Vehicle Code section 10851, subdivision (a) (count 1) and acquiring or possessing the personal identifying information of 10 or more other persons in violation of Penal Code section 530.5, subdivision (c)(3) (count 2). The People also charged Veliz with three misdemeanors: possession of burglar's tools (count 3) and two counts of petty theft (against two different victims; counts 4 and 5). The People alleged Veliz had three prior strikes and four prison priors.
References to statutes are to the Penal Code unless otherwise stated.
At the preliminary hearing Kimberly Shohfi testified she had put three packages on her front porch to mail to her children. Shohfi saw Veliz take the packages, run to a big gray truck, and jump in. Detective Candice Torres and her partner stopped the truck a few minutes later. Veliz was in the passenger seat. The officers found "tons" of packages in the rear of the truck. They also found a screwdriver, knife, flashlight, and gloves in the truck.
The driver of the truck, Maria Adrianna Pule, was prosecuted along with Veliz.
On the passenger seat and between the seat and the center console, officers found "wads" of mail, all bearing the names of other people. Veliz was sitting on the mail when officers approached the truck. "[T]here was more mail throughout." Authorities eventually counted 125 items, between pieces of mail and packages—including drivers' licenses, prescription medication, tax forms, bank statements, insurance information, brokerage reports, and checks—belonging to between 18 and more than 30 victims. The truck was stolen as well.
On May 29, 2019, Veliz pled open to the court (meaning the prosecution did not agree with Veliz on a plea deal). The court dismissed count 1 under section 995, noting Veliz was a passenger in the truck. Veliz pled no contest to the remaining four counts and admitted her three strike priors. The court sentenced Veliz to four years in the state prison on count 2, choosing the midterm of two years and doubling it because of one strike. (The court struck the remaining strikes and prison priors.) On each of the three misdemeanors, the court sentenced Veliz to 180 days in the county jail, concurrently with the felony count.
Veliz appealed, asserting her felony conviction for identity theft should be reduced to a misdemeanor under Proposition 47 "[b]ased on the recent ruling in People v. Chatman (2019) 33 Cal.App.5th 60 [Chatman]." (Chatman had been decided about two months before Veliz entered her plea but apparently counsel was unaware of it.) The trial court granted Veliz's request for a certificate of probable cause.
We appointed counsel to represent Veliz on appeal. After examining the record, counsel filed an opening brief raising no issues and asking this court independently to review the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel sent Veliz a letter notifying her that she intended to file a Wende brief and that she could file a supplemental brief. We have not received any supplemental brief from Veliz.
In Chatman, the First District Court of Appeal ruled the defendant's identity theft convictions should be reduced to misdemeanors under Proposition 47, "the Safe Neighborhoods and Schools Act," codified as section 490.2 of the Penal Code. (Chatman, supra, 33 Cal.App.5th at p. 62. See People v. Bullard (2020) 9 Cal.5th 94, 99.) Defendant Chatman had been convicted of violating sections 530.5, subdivision (a) (identity theft); 530.5, subdivision (c)(2) (identity theft with a prior) (four counts); and 530.5, subdivision (e) (mail theft). (Chatman, at p. 62.) The Chatman court noted a split of authority on the issue, and that the California Supreme Court had granted review in four cases, including People v. Jimenez (2018) 22 Cal.App.5th 1282, review granted July 25, 2018, S249397. (Chatman, at p. 62.) The high court granted review in Chatman as well. (Review granted June 26, 2019, S255235.)
Our Supreme Court decided Jimenez on March 2, 2020. (People v. Jimenez (2020) 9 Cal.5th 53.) The high court held a defendant's felony conviction for misuse of personal identifying information in violation of section 530.5 cannot be reduced to misdemeanor petty theft under Proposition 47. (Jimenez, at pp. 58-59.) Following the issuance of Jimenez, the Supreme Court transferred Chatman back to the First District Court of Appeal. (June 17, 2020, S255235.)
In short, Veliz's conviction for acquiring or retaining possession of the personal identifying information of 10 or more other people remains a felony.
We are satisfied that Veliz's counsel has fully complied with her responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
We affirm Emily Paola Veliz's judgment of conviction.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
EGERTON, J. We concur:
LAVIN, Acting P. J.
DHANIDINA, J.