People v. Morales CA2/6

FACTS AND PROCEDURAL HISTORY

On June 18, 1999, following a court trial, Morales was convicted of first degree burglary. (§ 459.) The trial court also found that Morales suffered two prior serious felony strike convictions. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) As a third-strike offender, the court sentenced Morales to a prison term of 25 years to life, imposed a $200 restitution fine and a $200 parole revocation restitution fine (suspended), and awarded Morales 378 days of presentence custody credit. On December 31, 2015, Morales, in propria persona, filed a petition for resentencing pursuant to Proposition 47. On January 21, 2016, the trial court denied the petition, stating that first degree burglary is not an eligible offense within section 1170.18. On March 3, 2016, Morales appealed.

DISCUSSION

Proposition 47 reduces enumerated theft and drug felony offenses to misdemeanors and also establishes a resentencing mechanism for inmates currently in custody on such offenses. First degree burglary is not among the eligible offenses enumerated in Proposition 47. Thus, the trial court did not err by summarily denying Morales’s petition without a hearing. The judgment is…