Gonzalez

*1062 Defendant and respondent, Joanna Ruth Gonzalez, pled guilty to one felony count of grand theft from a person (Pen.Code, § 487, subd. (c), count 3) 1 and one misdemeanor count of battery (§ 242, count 4). As part of the plea agreement, the People dropped charges of robbery (§ 211, count 1) and burglary (§ 459, count 2). The trial court sentenced Gonzalez to 36 months of formal probation on the condition she serve 365 days in a work release program, with 51 days of presentence custody and behavior credits.

The voters of California subsequently passed Proposition 47, which converted certain nonviolent offenses into misdemeanors and created a petitioning process which allows anyone serving a felony sentence for a conviction the initiative converted into a misdemeanor to request resentencing. (§ 1170.18, subd. (a).) Relevant to Gonzalez's case, Proposition 47 converted grand theft from a person into a misdemeanor where the amount of the theft was less than $950. (§ 490.2, subd. (a).) Gonzalez petitioned for resentencing, and the trial court granted the petition, deemed her conviction on count 3 a misdemeanor, vacated her sentence of formal probation, and resentenced her to…