P. v. Martin CA5
Brandon Lamar Martin (defendant) appeals from the denial of his petition for resentencing under Penal Code section 1170.18, a statute added by Proposition 47, the Safe Neighborhoods and Schools Act. Defendant asserts his burglary convictions are eligible for resentencing because they would have been convictions for shoplifting, punishable as misdemeanors under section 459.5, another statute added by Proposition 47. For the reasons set forth below, we reverse and remand for further proceedings.
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