People v. Deas CA4/2

FACTS AND PROCEDURE

On March 10, 2015, defendant stole a laptop computer from a Costco store. On

April 2, 2015, the People filed a felony complaint charging defendant with second degree

commercial burglary (§ 459) and grand theft (§ 487, subd. (a)). The People alleged

defendant had two prior strike convictions (§§ 667, subds. (c) & (e)(2)(A), 1170.12, subd.

(c)(2)(A)) a prior prison term conviction (§ 667.5, subd. (b)).

On April 13, 2015, defendant pled guilty to the burglary charge and admitted one

of the strike convictions.

On May 12, 2015, the trial court sentenced defendant per the plea bargain to

months in state prison.

On June 12, 2015, defendant filed a handwritten petition for resentencing, in

which he stated “I believe I am eligible for Prop 47. I was not made aware of Prop

during court and would like to apply for resentencing. I am in prison for 2nd degree

burglary. Non-violent Non-serious – Prop 47.”

On November 20, 2015, the People responded that defendant was not entitled to

relief because “Plea was after Prop 47 and [defendant] failed to meet burden of proving

Section references are to the Penal Code except where otherwise indicated.

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