California Court of Appeal

Grant of Proposition 47 petition for resentencing of guilty plea conviction of felonious grand theft from a person, Pen. Code section 487(c), and misdemeanor battery, is affirmed over the People's challenges where: 1) defendant was entitled to resentencing under section 1170.18(a) and (b); 2) defendant did not have the burden of proving she would have been guilty of a misdemeanor if tried under dismissed felony charges; and 3) defendant's petition to recall her sentence does not entitle the People to restore the dismissed felony counts.

Appellate Information

• Published 2016/02/11

Judges

• RAMIREZ

Court

• California Court of Appeal

Counsel