People v. Martin CA5

INTRODUCTION

Proposition 47 was enacted in 2014 and it reclassified as misdemeanors certain theft crimes involving $950 or less. Before its enactment, appellant Kenneth Wayne Martin entered pleas for felony convictions of receiving stolen property (Pen. Code, § 496, subd. (a)1) and second degree burglary (§ 460, subd. (b)). On appeal he seeks reclassification of these convictions as misdemeanors. We determine, however, that this appellate record does not establish the required monetary amounts necessary for reclassification. Further, appellant must use the statutory remedy available under section 1170.18 to petition for recall of sentence in the trial court. We affirm.

FACTUAL BACKGROUND

I. Case Number BF137181A.

On January 27, 2012, in Kern County Superior Court case number BF137181A, appellant pleaded no contest to felony receiving stolen property (§ 496, subd. (a)) and he admitted a prior felony prison sentence (§ 667.5, subd. (b)). It was alleged, and appellant agreed a factual basis existed, that he pawned stolen items consisting of silver spoons, a spotting scope, video game systems, a radiation gun, and a military compass. Attached to the probation officer’s report…