People v. Mason CA4/2

I.

INTRODUCTION

Defendant and appellant Nathan Jerome Mason appeals from the trial court’s

postjudgment order denying his petition to reclassify his 1992 felony conviction for 1 second degree burglary (Pen. Code, § 459) to a misdemeanor pursuant to section

1170.18. On appeal, defendant contends that the trial court erred in denying his petition

because it was neither untimely nor precluded by this court’s prior unpublished opinion.

For the reasons explained post, we reverse the order denying defendant’s section 1170.

petition and remand the matter for an evidentiary hearing.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In August 1992, an information was filed charging defendant with second degree

burglary (§ 459) after he willfully and unlawfully entered a Miller’s Outpost with the

intent to commit theft. (People v. Mason (Nov. 4, 2022, E078686) [nonpub. opn.]

(Mason I).) That same day, defendant pleaded guilty as charged and was granted

probation on various terms and conditions. (Ibid.) Defendant subsequently violated

probation and was ordered to serve a prison sentence in this case, concurrent with another

case. (Ibid.)

1 All future statutory references are to the…