P. v. Greenblat CA4/2
Defendant and appellant Shawnpatrick Greenblat (defendant) appeals from an order denying his petition for resentencing pursuant to Penal Code section 1170.18. The issue is whether defendant made a sufficient showing in his petition that he qualifies for resentencing for misdemeanor shoplifting (§ 459.5, subd. (a)) in lieu of his original sentence for second degree commercial burglary. He contends that the facts underlying a dismissed count show that he entered a business for the purpose of passing a forged check in the amount of $485 and that this supports his position that the commercial burglary to which he pled guilty constitutes misdemeanor shoplifting.
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