P. v. Rood CA4/2
The People appeal the trial court order granting defendant Chris John Rood’s application for reduction of his felony convictions for burglary, forgery, and receiving stolen property (counts 1 through 5) to misdemeanors under Proposition 47 (Pen. Code, § 1170.18). The People contend the trial court erred in granting defendant’s application because defendant failed to establish eligibility for relief under Proposition 47. The People assert that defendant entered a commercial establishment with intent to commit identity theft, which constitutes second degree felony burglary, not misdemeanor shoplifting. The People also argue defendant did not meet his burden of proof because he did not provide any evidence of the value of the checks at issue in count 5.
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