People v. Romero CA4/1

BACKGROUND

On January 10, 2014, appellant pled guilty to a second degree burglary that

occurred on January 5, 2014, in violation of Penal Code1 section 459 (case No.

JCF32359). That case involved merchandise valued at $639.99. Appellant was given a

three year suspended sentence and placed on three years of formal probation. On

September 3, 2014, appellant pled no contest to one count of second degree commercial

burglary in case No. JFC33505, occurring on June 6, 2014. That case involved

merchandise valued at $51.97.

On September 23, 2014, appellant admitted she violated the probation granted to

her in case No. JCF32359. On October 21, 2014, she was sentenced to 16 months of

county imprisonment in case No. JCF33505, and 365 days on case No. JCF32359. The

sentences were ordered to run concurrently.

On November 19, 2014, appellant filed petitions for relief under section 1170.

as to both cases. Appellant argued that if her offenses had been committed after passage

of Proposition 47, they would qualify as misdemeanors.

On December 12, 2014, a combined hearing was held and the court denied both of

appellant's petitions.

Appellant filed timely notices of appeal…