People v. Henley CA1/4

I. BACKGROUND

After being charged with multiple offenses, defendant pled guilty to one count of receiving stolen property—a laptop computer—in violation of section 496, subdivision (a), and admitted a prior prison term allegation. The trial court sentenced him to three years in prison. Inasmuch as the property had been returned to the victim, the trial court

1 Unless otherwise specified, all statutory references are to the Penal Code.

1 determined that defendant was not required to pay victim restitution as part of his felony sentence. In December 2014, defendant filed a petition for resentencing under Proposition 47. He used a form petition to which he attached no evidence regarding the value of the laptop computer. At the first hearing on the petition, held on January 7, 2015, the trial court appointed the Public Defender to represent defendant on the resentencing petition. At the second hearing on the petition, held on January 14, 2015, defense counsel requested a hearing to determine the value of the stolen laptop computer. On January 30, 2015, the People filed an opposition to defendant’s petition for resentencing on the ground that the value of the stolen property “well…