People v. Smith CA3

FACTS AND PROCEEDINGS

Although defendant’s notice of appeal concerned the trial court’s denial of resentencing as to the receiving a stolen vehicle conviction and an earlier conviction for attempted residential burglary (§§ 664/459), he only disputes the denial of the petition as

1 to the receiving conviction. We discuss only the relevant facts and procedural background of that conviction. Defendant and a companion were arrested after a police officer saw him driving a 1997 Honda Civic that had been reported stolen. (People v. Smith (June 4, 2015, C075887) [nonpub. opn.] at p. 1.) A jury convicted defendant of receiving a stolen vehicle. (Id. at p. 4.) The trial court sustained a strike and four prior prison term allegations (§§ 667, 1170.12, 667.5, subd. (b)) and sentenced defendant to a 10-year state prison term. (Id. at pp. 2, 4.) Defendant, without the assistance of counsel, subsequently filed a section 1170.18 petition seeking resentencing as to the receiving conviction. The petition contained no factual allegations regarding the value of the stolen vehicle. At the hearing on the petition, the prosecutor said, “This was a request for a reduction or change in the charge, it…