Segura
People v. Segura
Opinion
Opinion
Rylaarsdam, J.
Approximately two years ago, defendant Carlos Humberto Segura pleaded guilty to two crimes: second degree burglary (Pen. Code, §§ 459, 460, subd. (b)) and conspiracy to commit theft (Pen. Code, §§ 182, subd. (a)(1), 484, subd. (a), 488), both felonies at the time. He admitted he had unlawfully entered a 7-Eleven store with the intent to commit larceny and had conspired with two codefendants to commit a theft.
After the passage of Proposition 47, defendant petitioned the court for resentencing and asked that both felony convictions be reduced to misdemeanors. The trial court granted the requested reduction on the second degree burglary conviction, but denied it on the conspiracy conviction. He appeals from the denial of his petition as to the conspiracy conviction.
We affirm the order because Proposition 47 does not apply to convictions for conspiracy.
The resentencing procedure is authorized under conditions specified in Penal Code section 1170.18, the statute implementing voter-approved Proposition 47. Section 1170.18 specifies the sections of the Health and Safety Code and Penal Code to which it applies. (Pen. Code, § 1170.18, subds. (a), (b).) It does not include…