California Court of Appeal

In a case in which appellant was sentenced to eight months, one-third the two year midterm, in case #1, to be served consecutive to a three year principal term sentence in case #2, pursuant to Pen. Code section 1170.1(a), and in which the trial court denied Proposition 47 relief in case #1 but granted a Proposition 47 petition in case #2 and reduced the conviction on the principal term to a misdemeanor, pursuant to section 1170.18, the order resentencing defendant to two years in felony jail for receiving stolen property, in violation of section 496, is affirmed where: 1) when the principal term is no longer in existence, as is the case here, the subordinate term must be recomputed; and 2) as long as the recomputed term is less than the prior aggregate term, the defendant has not been punished more severely for the successful filing of a Proposition 47 petition.

Appellate Information

• Decided 09/24/2015
• Published 09/24/2015

Judges

• YEGAN

Court

• California Court of Appeal

Counsel