California Court of Appeal

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People v. Garness, E062947

In a Proposition 47, the Safe Neighborhoods and Schools Act, challenge to sentence for conviction of a felony count of receiving a stolen motor vehicle in violation of Penal Code section 496d(a), the trial court's determination that defendant was not eligible for relief is affirmed where the offense to which defendant pleaded no contest is not among those reduced to a misdemeanor by Proposition 47, and consequently, the court correctly determined him to be ineligible for recall of sentence and resentencing pursuant to section 1170.18.

Appellate Information

  • Decided 11/09/2015
  • Published 11/09/2015

Judges

  • HOLLENHORST

Court

  • California Court of Appeal

Counsel