Hudson

Hudson appeals from an order denying his petition to reduce his second degree burglary and forgery convictions to misdemeanors under Proposition 47, the Safe Neighborhoods and Schools Act (the Act). (Pen. Code, § 1170.18.) Hudson’s convictions involve a 2011 incident in which he entered a bank and falsely impersonated another person, with the intent to commit a felony by signing someone else’s name to a check. We conclude that, while a bank is a commercial establishment (§ 459.5), the trial court properly denied the petition because Hudson failed to establish his eligibility for resentencing.

PROCEDURAL BACKGROUND

Hudson pled guilty to one count each of second degree burglary (§ 459), forgery (§ 470, subd. (a)), and false impersonation (§ 529, subd. (a)(2)). He also admitted the truth of two prior prison term commitment allegations. (§§ 667.5, 668.) The trial court sentenced Hudson to a total term of five years, suspended execution of the sentence, granted three years’ formal probation and indicated Hudson was to complete a residential treatment program of no less than six months. The trial court later revoked and terminated probation and imposed the previously stayed…