P. v. Porreco-Flores CA1/1
In August 2014, defendant pled no contest to petty theft with a prior felony
conviction. (Pen. Code,1
§§ 484, subd. (a), 666.) Pursuant to the plea agreement,
defendant was later sentenced to a “split” sentence of 16 months, with three months to be
served in county jail and the remaining 13 months to be served under mandatory
supervision with credit for time served of 13 days.
2 Defendant was ordered to make
restitution to the victim, Tesoro Corporation, in the amount of $1,365.57.
After Proposition 47, the Safe Neighborhoods and School Act (Act), codified in
section 1170.18, was enacted, reducing penalties for a number of offenses, defendant filed a petition for re-sentencing.
3
In her petition defendant asserted she was entitled to
have her petty theft with a prior felony conviction reduced to a misdemeanor because had
the Act been in effect at the time she committed her offense, she would have been guilty
of a misdemeanor.
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