California Court of Appeal

Conviction and sentence for burglary in violation of Penal Code section 459 is affirmed in part and reversed in part where: 1) the trial court did not err in refusing to strike defendant's prison prior enhancement because Proposition 47 does not provide retroactive relief for striking or dismissing sentencing enhancements founded upon convictions that are later redesignated as misdemeanors; but 2) the trial court erred in summarily denying defendant's petition to have his burglary conviction reclassified as misdemeanor shoplifting.

Appellate Information

• Published 2016/07/07

Judges

• SLOUGH

Court

• California Court of Appeal

Counsel