California Court of Appeal

In a petition for resentencing under Pen. Code section 1170.18(f), seeking to have a felony petty theft with a prior conviction, former section 666, designated a misdemeanor, the trial court's denial of the petition is reversed where: 1) defendant was not seeking to have his conviction reduced to misdemeanor shoplifting; 2) rather, he sought reduction of his felony petty theft with priors conviction to misdemeanor petty theft; and 3) unlike shoplifting, section 459.5(a), petty theft, section 490.2(a), does not require that a defendant enter a commercial establishment during regular business hours.

Appellate Information

• Published 2017/04/10

Judges

• TURNER

Court

• California Court of Appeal

Counsel