People v. Paez CA4/2

INTRODUCTION

Defendant Ricardo Paez appeals from the trial court’s denial of his petition under

Proposition 47 and Penal Code1 section 1170.18 to reduce his felony conviction of petty

theft with a prior (§§ 484, subd. (a), 666, subd. (a)) to misdemeanor petty theft (§ 490.2).

Defendant contends that his conviction of petty theft with a prior, a crime that is now a

misdemeanor as a matter of law, satisfies his burden to establish that the value of the

property stolen was $950 or less because that fact was conclusively adjudicated by the

conviction itself. We agree, and we reverse.

FACTS AND PROCEDURAL BACKGROUND

On September 28, 2012, defendant entered a plea of guilty to first degree burglary

(§ 459; count 1), receiving stolen property (§ 496, subd. (a); count 2), and petty theft with

a prior (§§ 484, subd. (a), 666, subd. (a); count 3). Defendant admitted two strike priors

(§§ 667, subds. (c), (e)(2)(A), 1170.12, subd. (c)(2)(A)), and two serious felony priors

(§ 667, subd. (a)). The amended complaint alleged that the property involved included

computers, cameras, and a cell phone. As the factual basis for the plea, defendant

“agree[d] that [he] did the things that…