P. v. Roe CA4/1
In April 2013, Charles Michael Roe entered a guilty plea to one count of commercial burglary (Pen. Code, § 459). The remaining allegations were dismissed. Roe was sentenced to a midterm of two years in prison. The sentence was ordered to run consecutively to a prison term in another case, for a total term of seven years eight months.
In 2015, Roe filed a petition under Proposition 47 (§ 1170.18) to recall the sentence for commercial burglary and resentence it as a misdemeanor (§ 459.5). Initially the prosecution agreed the offense qualified for Proposition 47 relief. The petition was granted and the matter set for sentencing.
In the interim, the prosecution discovered Roe had previously been convicted of vehicular manslaughter. (§ 192.) Based on the new information, the court granted the prosecution's request to reconsider the petition and requested briefing.
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