P. v. Luna CA2/5
Defendant Andres L. Luna appeals an order denying his second petition to reduce his 2004 felony conviction for receiving stolen property (Pen. Code, § 496, subd. (a)) to a misdemeanor pursuant to Proposition 47 (§ 1170.18, subd. (f)). The trial court denied defendant’s first petition on the erroneous basis that defendant was ineligible for relief due to his later conviction for vehicular manslaughter under section 192, subdivision (c)(1). We affirmed the trial court’s order without prejudice to defendant submitting a new petition on the alternative ground that defendant failed to allege or provide any evidence that the value of the stolen property did not exceed $950, as required to establish eligibility under section 1170.18.
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