California Court of Appeal

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People v. Rivas-Colon, A144390

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




  • California Court of Appeal


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