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Name: T.W. v. Superior Court
Case #: A144528
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/06/2015

Petitioner whose sentence resulted from a plea bargain was entitled to petition for resentencing under Proposition 47. T.W. was first made a ward of the juvenile court in July 2010. A supplemental petition was filed in July 2013, alleging felony violations of Penal Code section 211 (robbery) and section 496 (receiving stolen property). The minor admitted the receiving stolen property offense, and the robbery was dismissed. The case was then transferred to Contra Costa County (T.W.’s legal residence) for disposition. In November 2014, T.W. filed a petition for modification (Welf. & Inst. Code, § 778) based on Proposition 47. The trial court did not act on the petition because the disposition was a result of a negotiated plea. T.W. sought writ relief. Held: Writ of mandate issued. Penal Code Section 1170.18, subdivision (a) (statutory implementation of Prop. 47) allows a person serving a sentence for a felony conviction “whether by trial or plea” for an offense which is now a misdemeanor under Proposition 47, to petition for recall of the sentence and request resentencing. Proposition 47 reduced the crime of receiving stolen property worth less than $950 to a misdemeanor. Based on the plain language of the statute, T.W. was entitled to petition for modification even though his sentence was the result of a plea agreement. The appellate court vacated the order and remanded for the trial court to determine whether resentencing is appropriate.