Thompson

*416 Terrell Thompson appeals the denial of his resentencing petition pursuant to Penal Code section 1170.18. 1 He contends that he is entitled to resentencing because his grand theft conviction for violating section 484e, subdivision (d) has now been reclassified as a misdemeanor under section 490.2, subdivision (a) (added by Proposition 47). We agree and reverse.

FACTUAL AND PROCEDURAL SUMMARY

On August 6, 2011, after using her debit card to pay for gas at a Chevron station, Miriam Golf dropped it on the ground. 2 Thompson was observed picking up the card. Thereafter, Thompson used the card at gas stations on three separate occasions for a total of $210.28. He was charged with two counts of grand theft, under section 484e, subdivision (d) 3 and two counts of second degree commercial burglary, under section 459. 4 On September 1, 2011, Thompson entered a nolo contendere plea to one count of grand theft pursuant to section 484e, subdivision (d) and was sentenced to six years in state prison.

On December 11, 2014, Thompson petitioned to recall his sentence and for resentencing pursuant to section 1170.18. In opposition, the People argued *417 that Thompson's underlying felony…