People v. Cardoso CA4/3

FACTS

In 2005 Cardoso entered a guilty plea, admitting he broke into a locked Nissan Sentra with the intent to commit larceny. At the time, he was acting for the benefit of a criminal street gang. He also admitted to battery of a police officer, causing him injury. He also admitted having a prior conviction within the meaning of section 667.5, subdivision (b). The trial court sentenced Cardoso to four years and eight months in prison. In 2015 Cardoso filed, and the trial court denied, his petition to have the second degree vehicle burglary conviction reduced to a misdemeanor under the newly enacted Proposition 47. The court found the crime of vehicle burglary did not qualify under Proposition 47.

DISCUSSION

Cardoso argues his conviction for second degree vehicle burglary is a theft offense and falls within the meaning of Proposition 47. He recognizes vehicle burglary is not a specifically enumerated felony that may be redesignated as a misdemeanor, but notes theft (§ 490.2) and shoplifting (§ 459.5) of goods valued less than $950 are subject to redesignation under the new law. He asserts Proposition 47 “contains sweeping

1 All statutory references are to the Penal Code, unless…