P. v. Stewart CA4/1
Alex David Stewart entered a pawn shop and sold a stolen computer for $250. He subsequently pleaded guilty to felony burglary under Penal Code section 459.
After the passage of Proposition 47, known as the Safe Neighborhoods and Schools Act (Voter Information Guide, Gen. Elec. (Nov. 4, 2014) text of Prop. 47, pp. 70–74), Stewart petitioned under new section 1170.18 to recall his sentence and to be resentenced for misdemeanor shoplifting under new section 459.5, subdivision (a). The trial court entered an order denying the petition, finding Stewart had not established his burglary conviction qualified for reduction to shoplifting. We affirmed the order. (People v. Stewart (Mar. 14, 2016, D067967) [nonpub. opn.].)
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