California Court of Appeal

In the People's appeal of a Proposition 47 petition for resentencing for plea conviction of receiving stolen property in violation of Penal Code section 496(a), the grant of petition is affirmed where: 1) nothing in defendant's plea agreement insulated it from changes in the law; 2) defendant met her burden of establishing eligibility for resentencing; and 3) the People are not entitled to withdraw from the plea bargain and to reinstate the dismissed counts because Proposition 47 had the limited effect of reducing defendant's sentence--she remains convicted.

Appellate Information

• Published 2016/02/17

Judges

• McKINSTER

Court

• California Court of Appeal

Counsel