People v. Escobedo CA2/6

Good Law
Court of Appeal of CaliforniaJune 21, 2016B262702California939 words

Opinion

Opinion

FACTS

In 1998, Escobedo pled guilty to two counts of receiving stolen property--a 1987 Nissan Maxima in 1997 and a 1980 Honda Accord in 1996. He also admitted that he had been convicted of two counts of robbery (§ 211) in May 1987 and 15 counts of

1 All statutory references are to the Penal Code. "armed robbery" (§ 211) in November 1987. He was sentenced to two consecutive prison terms of 25 years to life. Escobedo filed a petition for resentencing under section 1170.126. On September 4, 2013, the trial court denied that petition. The court found he posed "an unreasonable risk of danger to the public safety should he be released." In 2014, Escobedo filed a petition for resentencing under Proposition 47. (§ 1170.18.) He claimed his two felony convictions for receiving stolen property were now misdemeanors under Proposition 47. The People filed an opposition stating "the value of [the] items taken in this case exceed $950," making Escobedo ineligible for resentencing under Proposition 47. They said that "this court must correctly assess the value of a 1987 Maxima (in 1997 dollars)" and the Honda Accord "(in 1996 dollars)." The People attached a printout from a "National Auto…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.