California Court of Appeal

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People v. Martin, 071654

Denial of Proposition 47 petition for resentencing under Penal Code section 1170.18, is affirmed where defendant's felony conviction for second degree burglary, for entering a commercial establishment and acquiring merchandise by use of a forged check, is not subject to recall of sentence and resentencing under section 1170.18(a) or designation as a misdemeanor under section 1170.18(f), because his conduct would not have constituted a violation of section 459.5 had that section been in effect at the time of his offense.

Appellate Information

  • Decided
  • Published 2016/12/12




  • California Court of Appeal


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