People v. Thomas CA3

BACKGROUND

Since defendant’s contention concerns only case No. 12F03489, we limit our summary of facts to that case. On May 15, 2012, a police officer saw defendant and two other men leave a car parked in a Lowe’s parking lot, enter, and then leave the store. The men carried nothing when they left the store, but defendant left carrying a large handbag. After determining the driver of the car was on probation, the officer conducted a probation search of him and found items stolen from Lowe’s. Defendant admitted taking the items.

DISCUSSION

Proposition 47 requires “misdemeanors instead of felonies for nonserious, nonviolent crimes . . . unless the defendant has prior convictions for specified violent or serious crimes.” (Ballot Pamp., Gen. Elec. (Nov. 4, 2014) text of Prop. 47, p. 70.) It also added section 1170.18 to the Penal Code, which provides that a person who is “currently serving a sentence for a conviction . . . of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section . . . had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of…