People v. Broyles CA4/2

INTRODUCTION

The People appeal from an order granting the petition of defendant Alfred G.

Broyles, Jr., under Proposition 47 and Penal Code section 1170.181 for resentencing of

his felony conviction of receiving stolen goods (§ 496, subd. (a)) as a misdemeanor. The

People contend that defendant failed to meet his burden of establishing that the value of

the stolen property—a credit card—was less than $950. We agree and reverse the order.

FACTS AND PROCEDURAL BACKGROUND

On June 22, 2012, defendant was charged in a complaint with receiving stolen goods,

a credit card (Pen. Code, § 496, subd. (a)—count 1), possession of methamphetamine

(Health & Saf. Code, § 11377, subd. (a)—count 2), and misdemeanor resisting arrest (Pen.

Code, § 148, subd. (a)(1)—count 3). He was also charged with an allegation of a strike

prior. (Pen. Code, § 667, subds. (c), (e)(1), 1170.12, subd. (c)(1).) On July 19, 2012,

defendant pled guilty to all counts and admitted the strike prior. On the plea form,

defendant initialed the following statement: “Factual Basis: I agree that I did the things

that are stated in the charges that I am admitting.” He was sentenced to five years four

months in…