Bias

*304 INTRODUCTION

The People appeal from an order granting the petition of defendant Phillip Pernell Bias under Penal Code section 1170.18 1 to reduce defendant's conviction *485 of second degree burglary (§ 459) to misdemeanor shoplifting (§ 459.5). The People contend that defendant failed to meet his burden of proving eligibility for resentencing, and the trial court erred in granting defendant's petition because he remained guilty of second degree burglary, not misdemeanor shoplifting. We agree with the People and reverse the judgment.

FACTS AND PROCEDURAL BACKGROUND

The facts concerning defendant's crime are taken from the transcript of the preliminary hearing. On September 1, 2012, defendant entered a bank in Moreno Valley and attempted to cash a check for $587.64. The check was made out to defendant and was drawn on the account of Innovative Design *305 Concepts. 2 A sheriff's deputy spoke to an employee at Innovative Design Concepts. The deputy described some of the characteristics of the check defendant attempted to cash to the employee. The deputy was told that the sequence number of the company's check would be green in color and would show the company's emblem. The…