People v. Carrillo CA2/3

INTRODUCTION

Lino Carrillo was convicted of second degree burglary, a felony, for stealing $128.89 worth of clothing from a Walmart store and was sentenced to a 32-month prison term. (Pen. Code, § 459.)1 Subsequent to his conviction, the electorate approved the Safe Neighborhoods and Schools Act, commonly referred to as Proposition 47, which reduced certain drug and theft offenses to misdemeanors and created a process for resentencing persons serving felony sentences for those offenses. (§ 1170.18). Carrillo filed a petition to reduce his conviction to a misdemeanor, which the trial court denied on the ground that he would pose an unreasonable risk of danger to public safety if resentenced. (§ 1170.18, subds. (b)-(c).) We conclude the trial court acted within its discretion based on the evidence of Carrillo’s past criminal convictions. We affirm.

FACTS AND PROCEDURAL BACKGROUND

On July 16, 2013, Carrillo was arrested for stealing $128.89 worth of clothing from a Walmart store. He admitted guilt. On October 11, 2013, Carrillo was convicted of second degree burglary and sentenced to 32 months in state prison. On January 23, 2015, Carrillo petitioned the court for resentencing…