P. v. Perez CA6
Defendant Hector Perez, Jr., appeals from an order denying his petition for resentencing under Penal Code section 1170.18. Defendant contends that his felony convictions for forgery and burglary were eligible for resentencing under Proposition 47 as misdemeanors. We agree and reverse the order.
On March 3, 2014, a business was burglarized and checks were stolen. Three days later, defendant entered the California Check Cashing Store and attempted to cash a check in the amount of $465 from the account of the burglarized business.
In April 2014, defendant was charged in case No. SS140795A with burglary (§ 459 - count one) and forgery (§ 470, subd. (d) - count two). The complaint also alleged that defendant had served three prior prison terms (§ 667.5, subd. (b)).
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