People v. Washington CA2/2

BACKGROUND

Pursuant to a plea agreement dated December 6, 1993, defendant agreed to plead guilty to receiving stolen property (§ 496, subd. (a)) and to having served a prior prison term (§ 667.5, subd. (b)). He was sentenced to state prison for a total term of two years and four months, consisting of a sentence of one year and four months for his conviction and the one-year prior prison term enhancement. On September 21, 2015, defendant filed an “Application/Petition” for relief under Proposition 47. The prosecutor opposed the petition, contending he was ineligible for relief, because the value of the property exceeded $950. On October 1, 2015, defendant filed a “motion,” i.e., application, to reduce his receiving stolen property conviction to a misdemeanor pursuant to Proposition 47. This application was signed by defendant on August 11, 2015. On that same date, a hearing was held on defendant’s application for Proposition 47 relief. The prosecution reiterated its objection that the value of the property exceeded $950. Neither defendant nor his counsel was present. At the conclusion of the hearing, the trial court denied the application, finding defendant’s felony conviction for…