People v. Diaz CA4/2

BACKGROUND

In August 2018, defendant pled guilty to second degree burglary in violation of

section 459, a charge resulting from his unlawful entry into a locked motor vehicle with

the intent to commit theft. He also admitted a prior strike. The court sentenced him to

one-third the midterm for a total term of one year four months in state prison, to run

consecutive to incomplete sentences imposed in three other cases.

In November 2020, defendant petitioned the court pursuant to subdivision (f) of

section 1170.18 seeking an order designating his felony conviction as a misdemeanor. In

his statement in support of the petition, defendant appears to claim he served his sentence

for the second degree burglary conviction, but also noted the sentence is to run

consecutive to those imposed in three other cases, which total 21 years. He also argues

he is entitled to resentencing of his burglary conviction because the total value of goods

removed from the vehicle was $880, bringing his offense within section 490.2. That

statute provides theft of property with a value not exceeding $950 is petty theft to be

punished as a misdemeanor.

The trial court denied the petition.…