People v. Williams

*903 *644 I.

INTRODUCTION

Appellant Joshua J. Williams appeals from the trial court's denial of his petition to recall his sentence pursuant to Penal Code section 1170.18, 1 a provision enacted by Proposition 47, and to reduce his prior conviction for buying or receiving a stolen vehicle (§ 496d) from a felony to a misdemeanor. We conclude that although section 1170.18 does not expressly reference section 496d, it does permit resentencing under section 490.2 for "obtaining any property by theft" valued at less than $950. A conviction for receiving a stolen vehicle is obtaining property by theft and qualifies for resentencing. However, appellant failed to demonstrate the value of the stolen vehicle before the trial court. We therefore affirm the order without prejudice to the filing of a new petition demonstrating appellant's eligibility for resentencing.

II.

PROCEDURAL HISTORY

On January 26, 2011, the Sonoma County District Attorney filed a criminal information charging appellant with one felony count of receiving a stolen vehicle, in violation of section 496d, subdivision (a), and alleging as sentencing enhancements that appellant had been convicted and served five prior…