People v. Walker CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

On March 7, 2014, defendant pleaded guilty as described above, accepting the

court’s indicated sentence of six years. During the plea proceedings, defendant admitted

Further undesignated statutory references are to the Penal Code.

2 that he had possessed a stolen credit card belonging to an elderly man in the care of his

girlfriend, and that he had used the credit card and falsely identified himself as that man.

Defendant’s petition for relief pursuant to Proposition 47 was filed on

December 10, 2014. The petition asserts the conclusion that defendant is entitled to

relief, and is signed under penalty of perjury, but declares no specific facts regarding the

circumstances of the offenses, and defendant presented no additional evidence. The trial

court ruled on the petition on July 10, 2015, granting it with respect to count 2, and

denying it with respect to defendant’s other convictions. On appeal, defendant contests

the trial court’s ruling on counts 1 and 3; the People have not appealed the trial court’s

ruling with respect to count 2.

II. DISCUSSION

A. Standard of Review.

Whether Proposition 47 applies to defendant’s…