People v. Renk CA4/3

INTRODUCTION

Defendant Michael Jason Renk appeals from an order denying his petition under Penal Code section 1170.18, subdivision (f) for, inter alia, the reduction of his felony convictions for forgery and second degree commercial burglary to misdemeanors. (All further statutory references are to the Penal Code.) We affirm the order because Renk failed to carry his burden of establishing eligibility for relief under Proposition 47, the Safe Neighborhoods and Schools Act (§ 1170.18), by producing evidence that the value of the check that he forged or the property that he had intended to steal in the commission of the second degree commercial burglary did not exceed $950.

BACKGROUND

In May 2004, Renk was charged in a felony complaint with three felony counts of forgery in violation of section 470, subdivision (d); three felony counts of second degree commercial burglary in violation of sections 459 and 460, subdivision (b); and one misdemeanor count of resisting and obstructing an officer in violation of section 148, subdivision (a)(1). He pleaded guilty as charged, stating the following as the factual basis for his plea: “On 5/4/04 I willfully & unlawfully did the following…