People v. Foster CA5

DISCUSSION

In this matter, the People do not contest that a prior conviction under former section 496.1 is eligible for relief under Proposition 47. Rather, they argue that appellant failed to satisfy his burden of demonstrating he “would have been guilty of a

All statutory references are to the Penal Code. Appellant also applied to have a later conviction for drawing or exhibiting a deadly weapon with intent to resist or prevent arrest under section 417.8 deemed a misdemeanor. On appeal, appellant’s counsel correctly concedes this conviction is not eligible for reclassification under Proposition 47. (See § 1170.18, subd. (a) [identifying statutes under which resentencing is permitted].)

2. misdemeanor under this act had this act been in effect at the time of the offense” because he failed to introduce evidence that the stolen property he received was worth less than $950. Appellant contends the court had an obligation to seek further evidence on the value of the relevant property and, even if denial is appropriate, the application should have been denied without prejudice. Standard of Review and Applicable Law “ ‘On November 4, 2014, the voters enacted…