P. v. Crabb CA5
Appellant Robert Dale Crabb appeals a 2015 order from the superior court that resentenced his prior conviction for petty theft (Pen. Code, § 666) to a misdemeanor under Proposition 47, the Safe Neighborhoods and Schools Act (Proposition 47) (§ 1170.18). The parties agree, as do we, that the superior court improperly resentenced appellant on this conviction. Apparently unbeknownst to the superior court, this court had already reversed this same conviction on appeal in 1997. (People v. Crabb (Aug. 5, 1997, F024598) [nonpub. opn.] (Crabb).)
Appellant argues he is entitled to a new resentencing hearing. We disagree. He does not qualify for resentencing under Proposition 47. We reverse the superior court’s order and set aside the resentencing proceeding. We otherwise affirm appellant’s judgment.
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