California Court of Appeal
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
- Published 2016/12/12
Judges
- DETJEN
Court
- California Court of Appeal