Valencia

*732 Defendant Manuel Thomas Valencia appeals from the trial court's order denying his petition for resentencing pursuant to Penal Code section 1170.18. 1 He contends the court erred in finding his conviction for second degree burglary (§ 459) was ineligible for resentencing.

We agree. Since defendant's criminal conduct in purchasing a prepaid phone with counterfeit bills could not be prosecuted as a burglary had Proposition 47 (Prop. 47, as approved by voters, Gen. Elec. (Nov. 4, 2014)) been in effect, he is eligible for relief under section 1170.18. We shall therefore reverse the trial court's order and remand for additional proceedings on defendant's petition.

BACKGROUND

On June 28, 2014, defendant went into an AT & T store and purchased a prepaid phone for $249.74 with counterfeit $50 bills. When defendant was later contacted by the employee who sold him the phone, he admitted that the bills he tendered were counterfeit.

*733 Defendant was charged with second degree burglary and forgery (§§ 459, 470, subd. (d)) along with two prior prison term allegations (§ 667.5, subd. (b)). He pleaded guilty to second degree burglary and was sentenced to an eight-month county prison…