People v. Baird CA1/4

I. BACKGROUND

An information filed on December 11, 2013 charged Baird with (1) a felony count of receiving a stolen vehicle, a 1990 Nissan pickup truck (§ 496d, subd. (a)); (2) a felony count of receiving stolen property (a license plate, tools, and a disabled person placard) (§ 496, subd. (a)); and (3) petty theft, a misdemeanor (§ 484, subd. (a)).

1 All statutory references are to the Penal Code unless otherwise stated.

1 On January 29, 2014, as part of a negotiated resolution of the case, Baird entered a plea of no contest to the felony charge of receiving a stolen vehicle, and the court dismissed the remaining counts on the prosecution’s motion. On February 27, 2014, the court suspended imposition of sentence, placed Baird on three years’ formal probation, and ordered him to serve 270 days in jail. On two subsequent occasions, Baird admitted to violating the terms of his probation. In each instance, the court reinstated probation. On December 3, 2014, while still on probation, Baird filed a petition pursuant to section 1170.18 (the resentencing provision of Proposition 47), asking the court to recall his felony sentence and to resentence him to a misdemeanor. In his…