California Court of Appeal

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People v. McDowell, 265879

Sentence for conviction of two counts of misdemeanor shoplifting, reduced from burglary under Proposition 47, is affirmed where: 1) Proposition 47 does not require a court to reduce a sentence should it grant a petition to resentence some counts as misdemeanors; and 2) the trial court's resentencing of defendant, using the high term on the new principal count, was not an abuse of discretion in light of his substantial criminal history.

Appellate Information

  • Decided
  • Published 2016/08/26

Judges

  • RUBIN

Court

  • California Court of Appeal

Counsel

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