People v. Liu

Filed 3/9/18 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, B279393 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA090351) v. SI H. LIU, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County. Robert P. Applegate, Judge. Affirmed in part, and reversed and remanded in part. David R. Greifinger, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Noah P. Hill and Tita Nguyen, Deputy Attorneys General, for Plaintiff and Respondent. ******** This is the second time this case has been before us. In 2013, a jury convicted defendant Si H. Liu of 22 theft-related counts connected to her scam of offering loan services to immigrants. She took the victims’ credit cards and identifying documents and made unauthorized purchases, or wrongfully retained copies of their documents. In our October 30, 2015 opinion, we reversed her conviction on one count, and modified her sentence to stay four other counts pursuant to Penal Code section 654.1 (People v. Liu (B254655) [nonpub. opn.] (Liu I).) Following resolution of her appeal, defendant applied under Proposition 47 (The Safe Neighborhoods and Schools Act; § 1170.18) to have six counts resentenced as misdemeanors (§ 484e, subd. (d); counts 2, 6, 14, 21, 23; § 530.5, subd. (c)(3); count 25).2 The trial court denied her petitions, finding that “[the] defendant [is] not eligible.” As to counts 2, 6, and 14, we affirm, finding the record amply demonstrates defendant’s ineligibility for relief. We also find that defendant’s conviction under section 530.5, subdivision (c) (count 25) does not qualify for resentencing under section 1170.18 as a matter of law. As to counts 21 and 23, we reverse and remand for further proceedings consistent with this opinion. FACTUAL AND PROCEDURAL BACKGROUND In September 2013, a felony complaint was filed charging defendant with 23 counts, including fraudulent acquisition and retention of access card information (§ 484e, subd. (d)) and fraudulent acquisition and retention of personal identifying 1 All statutory references are to the Penal Code, unless otherwise indicated. 2 An additional application for relief was rendered moot by our reversal of count 3 in defendant’s earlier appeal. 2 information of 10 or more people (§ 530.5, subd. (c)(3)), among other charges not relevant here. She was convicted by jury, and was sentenced to a total term of 10 years in prison. The following facts are drawn largely from our earlier opinion: As to count 2, defendant acquired the driver’s license, social security card, and several credit cards belonging to Yuan Zhao, under the pretense that she would help Ms. Zhao obtain a loan to remodel her home. Ms. Zhao later noticed nearly $7,000 in fraudulent charges on her credit accounts. Following her conviction, defendant was ordered to make restitution of $6,665 to Ms. Zhao. (Liu I, supra, B254655.) As to count 6, ...

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