People v. Mooregrant CA3

I. BACKGROUND

Defendant pleaded no contest to felony identity theft (§ 530.5, subd. (a)) and second degree burglary (§ 459). The factual basis of the plea was provided by the prosecutor as follows: “On or about April 17th through April 18th, 2012, the victim’s personal credit card was stolen. The [d]efendant had possession of the victim’s credit card and used that information to try to obtain cash from an ATM inside Thunder Valley Casino. She did enter Thunder Valley Casino with the intent of committing thefts therein on or about April 18th, 2012.” The trial court sentenced defendant to one year six months in this case (one-third the middle term of eight months on both counts), and sentenced her in two separate cases from Sacramento County (case Nos. 12F02700, 12F03160) for an aggregate term of seven years in state prison. On December 15, 2014, defendant filed a section 1170.18 petition for resentencing on her second degree burglary conviction in this case. The trial court denied the petition.

II. DISCUSSION

Defendant contends she was eligible for resentencing on her second degree burglary conviction. We disagree. The passage of Proposition 47 created section 1170.18, which…