California Court of Appeal

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People v. Acosta, 261828

In a petition action for resentencing under Proposition 48, to reduce defendant's felony conviction of attempted second degree burglary of a vehicle, Pen. Code sections 664 and 459, to a misdemeanor, the denial of the petition is affirmed where: 1) attempted car burglary is not among the offenses reduced to misdemeanors by Proposition 47; and 2) the new statutory scheme does not violate equal protection of the law under the Eighth Amendment of the U.S. Constitution.

Appellate Information

  • Decided
  • Published 2015/11/20




  • California Court of Appeal