The Court of Appeal agreed with the parties that the trial court improperly denied the appellant’s petition for resentencing pursuant to Proposition 47, which reclassified certain felony and wobbler offenses to misdemeanors. The appellant’s felony conviction for Penal Code section 496, subdivision (a), was eligible for relief. Furthermore, the appellant had no prior conviction for any crime listed in Penal Code section 667, subdivision (e)(2)(C)(iv), which would have disqualified him for relief. The court ordered the matter remanded for the trial court to reconsider the petition.
Name: Prop 47