People v. Rios CA5

INTRODUCTION

In 2004, appellant Jorge Rios, II, was convicted of receiving stolen property and possession of a controlled substance. In 2015, Rios filed a petition to reduce these two convictions to misdemeanors, pursuant to Penal Code1 section 1170.18, subdivision (f). The trial court granted the petition as to the possession of a controlled substance conviction, but denied it as to the receiving stolen property conviction on the grounds the value of the items exceeded $950. Rios appeals, contending the trial court erred in denying the petition as to the receiving stolen property conviction. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

On December 3, 2004, Rios pled no contest to one felony count of receiving stolen property, in violation of section 496, subdivision (a), and one felony count of possession of a controlled substance, methamphetamine, a violation of Health and Safety Code section 11377, subdivision (a). The receiving stolen property count involved a 1992 Ford Explorer and a floor jack. On January 3, 2005, Rios was sentenced to a term of 16 months in prison on each count, to run concurrently. On February 11, 2015, Rios filed a petition pursuant to section 1170.18.…