P. v. Martinez CA6
In 1991, defendant Teresa Martinez was convicted by plea of felony grand theft (former Pen Code, § 487, subd. 1), and she admitted having served a prior prison term (§ 667.5, subd. (b)). The trial court sentenced defendant to four years in prison, suspended execution of the sentence, and placed her on probation for five years. In 1994, her probation was terminated, and she was sentenced to prison for the previously suspended term of four years.
In 2015, defendant filed an application pursuant to section 1170.18, subdivision (f), which was enacted as part of Proposition 47, seeking to have her felony grand theft conviction redesignated as a misdemeanor. At the time of her offense in 1991, grand theft included the taking of property valued at more than $400. (Former § 487, subd. 1, as amended by Stats. 1989, ch. 930, § 6.) The trial court denied defendant’s application to redesignate her offense as a misdemeanor after implicitly determining that defendant failed to show t
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