People v. Fournier CA2/3

BACKGROUND

The facts of the offense as stated in the probation report are straightforward. Shortly before 8:48 a.m. on March 6, 2011, Ronald Hoover’s daughter was sleeping in the garage of his Lakewood residence. She awoke and saw appellant and another man looking around in the residence’s backyard. They opened the unlocked kitchen door and came in. Shortly after entering the residence, they left. In response to a call reporting a burglary, sheriff’s deputies came to the residence and detained appellant as he walked out of the house. Hoover had not given either man permission to enter his residence. The People charged Fournier with first degree burglary and various sentencing enhancements. On October 5, 2011, he pled no contest to an amended count 2, attempted grand theft of personal property, a felony in violation of section 487, subdivision (a). He also admitted several sentencing enhancements. The court sentenced Fournier to state prison for six years, three years on attempted grand theft and three years on the enhancements. On March 16, 2015, appellant filed a petition for resentencing pursuant to Proposition 47, section 1170.18, subsections (a) and (f)). At the hearing, the…