P. v. Boone CA1/3
Defendant Laurence Boone was sentenced to a three-year term after pleading guilty to second degree burglary. (Pen. Code, § 459, 460, subd. (b).) Before entering his plea, and again at sentencing, defendant asked the court to reduce his second degree burglary charge to misdemeanor shoplifting pursuant to section 1170.18, a resentencing provision that was enacted as part of Proposition 47. On appeal, he contends the court erred in denying his petition to reduce the felony burglary charge to a misdemeanor. Because defendant failed to secure a certificate of probable cause, his challenge to the felony burglary conviction is not cognizable on appeal. Consequently, we shall dismiss the appeal.
Comments on P. v. Boone CA1/3