P. v. Soto CA4/1
In August 2010, Israel Soto pleaded guilty to one count of commercial burglary (Pen. Code, § 459), and five related such counts were dismissed. He was sentenced to local custody and probation, which expired in 2013.
In 2016, Soto filed a petition and motion for resentencing of the commercial burglary offense under Proposition 47 (§ 1170.18, Safe Neighborhoods and Schools Act [the Act]). The trial court denied the requests, noting that since the record showed Soto had cashed $5,300 in checks, and the restitution previously ordered was $2,883.50, Soto had not established eligibility for redesignation of the offense as a misdemeanor.
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