P. v. Roper CA2/2
Shaun Marshall Roper (defendant) appeals from the trial court’s postjudgment order denying his petition to reduce his 2003 conviction for receiving stolen property (Pen. Code, § 496) to a misdemeanor pursuant to section 1170.18, subdivisions (b) and (g), also known as Proposition 47. He contends the trial court erred in finding that the value of the property exceeded $950, thus rendering him ineligible for a reduction. The law concerning the method for valuing the stolen checks at issue in this case was not settled when defendant filed his petition. The reasoning of the California Supreme Court’s recent decision in People v. Romanowski (2017) 2 Cal.5th 903 (Romanowski) now shows the proper methodology to be applied. Accordingly, we vacate the trial court’s order and remand the matter for a determination of value.
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