California Court of Appeal

In a petition for Proposition 47 resentencing on convictions for forgery, Pen. Code section 475(a), and receiving stolen property, section 496(a), denial of petition is affirmed where: 1) with regard to forgery, even if the court's understanding of People v. Cuellar (2008) 165 Cal.App.4th 833 and related cases could be considered as constituting a change in interpretation, this change could not have had any impact on defendant's pre-Proposition 47 decision to plead guilty; and 2) as to receiving stolen property, there is no indication that defendant petitioned the court to resentence him on his felony conviction for receiving stolen property as a misdemeanor, and he has not established any error by the trial court in failing to resentence him for this offense.

Appellate Information

• Published 2016/03/14

Judges

• ZELON

Court

• California Court of Appeal

Counsel