California Court of Appeal

Grant of defendant's petition under Penal Code section 1170.18 to reduce his conviction of second degree burglary, Pen. Code section 459, to misdemeanor shoplifting, section 459.5, is reversed where: 1) defendant failed to meet his burden of proving eligibility for resentencing; and 2) the trial court erred in granting defendant's petition because he remained guilty of second degree burglary, not misdemeanor shoplifting.

Appellate Information

• Published 2016/02/29

Judges

• McKINSTER

Court

• California Court of Appeal

Counsel