People v. Hernandez CA3

BACKGROUND

In 2010, defendant pleaded no contest to felony receiving stolen property (Pen.

1 Code, § 496, subd. (a))1 and felony possession of ammunition by a person prohibited from owning firearms (former § 12316, subd. (b)(1)). In 2014, California voters enacted Proposition 47 (Prop. 47), which created a resentencing provision codified at section 1170.18 that permits a person serving a sentence for certain designated felonies to petition for recall of the sentence to reduce a felony to a misdemeanor. On July 9, 2021, defendant filed a petition under section 1170.18, subdivision (f), to reduce his receipt of stolen property conviction to a misdemeanor. The district attorney filed an opposition stating defendant is ineligible because defendant has at least one prior conviction under section 667, subdivision (e)(2)(C)(iv) and because he is required to register pursuant to section 290, subdivision (c). Alternatively, the district attorney argued defendant also did not meet his burden establishing the value of the stolen property was under $950. On July 15, 2021, the trial court denied defendant’s petition for “reasons stated by D.A.” Defendant timely…