People v. von Renegar CA3

I. BACKGROUND

In 1972, defendant was convicted of first degree robbery and was sentenced to state prison, being paroled in 1975. On or around May 20, 1980, in case number CM072179, defendant received property he knew was stolen, consisting of a travel trailer, chain saw, and various household goods. A jury convicted defendant of receiving stolen property and sustained a prior prison term allegation. Defendant was sentenced to three years in state prison. On February 12, 1983, in case number CM080730, defendant was found in possession of a stolen log splitter. The victim of the theft received a $1,300 or $1,400 insurance payment for the stolen log splitter. Defendant pleaded guilty to receiving stolen property and was sentenced to a two-year prison term. In February 2015, defendant filed separate applications to have the convictions in case numbers CM072179 and CM080730 designated as misdemeanors pursuant to section 1170.18, subdivision (f). The trial court denied the applications, finding that because defendant’s prior robbery conviction was subject to a life term when he was convicted for the offense in 1972, the offense was a “super strike,” which rendered him ineligible for…