Sweeney

Petitioner Leo Sweeney (defendant) was convicted of 10 felonies, all arising out of a take-over bank robbery, and sentenced to a total of 82 years to life in prison. He filed a petition to redesignate two of those felonies as misdemeanors pursuant to Proposition 47. (This would not change the total term.) The trial court denied the petition; it ruled that defendant was not eligible for relief under Proposition 47, because the two felonies at issue were accompanied by gang enhancements.

Defendant appeals. We will hold that the gang enhancements did not disqualify defendant from relief. However, he failed to carry his burden to show that the two felonies involved property worth $950 or less. Accordingly, we will reverse and remand with directions to allow defendant to file an amended petition.

I

PROCEDURAL BACKGROUND

In 2003, defendant was convicted of 10 felonies. Count 8 consisted of receiving stolen property (Pen. Code, § 496, subd. (a)), namely a green 1984 Toyota van. Count 10 also consisted of receiving stolen property, namely a brown 1985 Oldsmobile.

With respect to all 10 counts, defendant admitted gang enhancements under Penal Code section 186.22, subdivision…