People v. Woodward CA6

DISCUSSION

Defendant asserts that the trial court erred in denying his petition, because its finding that the stolen property was worth $1,500 was not supported by substantial evidence. He argues that because there was insufficient evidence to show that the value of the stolen property was anything other than over $400 based on the elements of the crime to which he was convicted, he is entitled to have his conviction for grand theft designated as a misdemeanor under Proposition 47. On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) Proposition 47 “reduced the penalties for a number of offenses.” (People v. Sherow (2015) 239

2 Cal.App.4th 875, 879 (Sherow)). Under Proposition 47, a theft crime is defined as misdemeanor petty theft if the value of the stolen property is $950 or less. (§§ 490.2, 484-487, subd. (a) [grand theft defined as theft of property with a value exceeding $950]). Therefore, theft of property worth $950 or less that was previously a felony before Proposition 47 was enacted is eligible for designation as a misdemeanor petty theft. (§ 490.2) Section 1170.18, which…