P. v. Hageman CA4/2
Defendant and appellant David Wayne Hageman appeals from the superior court’s order of September 8, 2015, denying his Proposition 47 petition to redesignate as a misdemeanor his felony conviction for receiving stolen property. (Pen. Code, § 496, subd. (a)). We affirm without prejudice to consideration of a petition properly supported by a showing that he is eligible for resentencing in accord with Proposition 47.
On June 24, 2009, defendant pled guilty to receiving stolen property. On that date, the trial court sentenced him to sixteen months.
On November 4, 2015, California voters passed Proposition 47, which designated receipt of stolen property a misdemeanor where the value of the stolen property does not exceed $950. (§ 496, subd. (a).) The initiative also created a procedure allowing offenders to petition for resentencing if they have been convicted of a felony that would have been a misdemeanor under the provisions added by Proposition 47. (§ 1170.18, subds. (a), (f
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