California Court of Appeal

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People v. Vandiver, 065899

In a Proposition 47 petition for resentencing, involving the determination of the value of a blank check for the purpose of distinguishing between misdemeanor and felony receiving stolen property after passage of the Safe Neighborhoods and Schools Act, the trial court's grant of the petition is reversed where the court erred by: 1) reaching the merits because defendant did not attach evidence of value to her petition; and 2) determining the checks' value was de minimis. The court should have dismissed the petition as unsupported or found the checks were worth the full amount in the linked checking account and denied the petition on the merits.

Appellate Information

  • Decided
  • Published 2017/03/30

Judges

  • SLOUGH

Court

  • California Court of Appeal

Counsel