People v. Pardue CA4/2

INTRODUCTION

Defendant Donald Michael Pardue appeals an order denying a petition to recall his

sentence for grand theft, charged in count 5, and for resentencing to a misdemeanor under

Proposition 47, the Safe Neighborhoods and Schools Act. (Pen. Code, §§ 1170.18, 487,

subd. (a).)1 The trial court denied defendant’s petition on the ground defendant was

ineligible for resentencing because the aggregate loss from all of defendant’s crimes

exceeded $950.

Defendant contends the trial court erred in considering the aggregate value of the

stolen property as to all of the charges, rather than only considering the value of the

stolen property alleged in count 5. Defendant further argues that he made a prima facie

showing that the value did not exceed $950, and the People did not meet their burden of

refuting this. Therefore defendant qualified for resentencing as to count 5.

We conclude defendant did not meet his burden of showing the value of the stolen

property alleged in count 5 did not exceed $950. We therefore affirm the judgment.

II

FACTUAL AND PROCEDURAL BACKGROUND

In April and May 2011, the Riverside County District Attorney filed a felony

complaint and amended…