People v. Sherow CA4/1

Timothy Wayne Sherow was originally convicted of nine counts of second degree burglary (Pen. Code, § 459) arising from offenses committed in 2007. (Case No. D056988.) He admitted eight prison priors (§ 667.5, subd. (b)) and one strike prior (§ 667, subds. (b)-(i)). Sherow was sentenced to a determinate term of 19 years four months. On appeal this court reversed counts 7 through 10 for instructional error. However, since the counts had been sentenced concurrently the reversal did not impact the sentence. (People v. Sherow, supra, 196 Cal.App.4th at pp. 1311-1312.)

In November 2014, Sherow filed a petition for resentencing of all five remaining counts of second degree burglary pursuant to Proposition 47. The prosecutor opposed the resentencing contending the loss exceeded $950. The court found Sherow did not qualify for relief because the loss exceeded $100,000.

Sherow appeals, challenging only the decision as to counts 1 and 2. He contends the record does not show the loss as to each count exceeded $950 and thus the two counts should be resentenced as misdemeanors. Sherow’s petition sought resentencing as to all five counts without any separate discussion of the counts,…