People v. Jauregui CA4/2

INTRODUCTION

Defendant Jason Jauregui appeals an order denying his petition for resentencing

under Proposition 47, the Safe Neighborhoods and Schools Act. (Pen. Code, §§ 1170.18,

487, subd. (a).)1 Defendant requests this court to reverse the order as to counts 1, 9, 15,

and 16. Counts 1, 9, and 15 allege commercial burglary (§ 459), each as to a different

victim. Count 16 alleges possession of a forged driver’s license (§ 470b).

We affirm the trial court order denying defendant’s petition for resentencing for

three reasons. First, the record on appeal does not show defendant pled guilty or was

convicted as to counts 15 and 16. According to the record before this court, defendant

only pled guilty and was convicted of counts 1 through 6 and 9 through 12. Second,

defendant’s petition for resentencing does not seek any relief or resentencing as to counts

1, 9, 15 or 16. And third, as defendant concedes in his reply, defendant has not met his

burden of establishing that the value of the property at issue in each count does not

exceed $950.

II

FACTUAL AND PROCEDURAL BACKGROUND

Defendant’s 10 convictions (counts 1 through 6 and 9 through 12) involve a

scheme in which…