California Court of Appeal

Sentence of probation for conviction by guilty plea of second degree commercial burglary, Pen. Code section 459, is affirmed where: 1) the defendant has the burden of proof on a petition for resentencing brought pursuant to section 1170.18; 2) the court properly considered the police report and store receipt when determining his eligibility for resentencing; and 3) there was no right to a jury trial on the value of the property.

Appellate Information

• Decided 10/16/2015
• Published 10/16/2015

Judges

• JONES

Court

• California Court of Appeal

Counsel