P. v. Henson CA4/2
Defendant and appellant Joshua David Henson appeals from the trial court’s order denying his petition to recall his sentence pursuant to Penal Code section 1170.18, also known as Proposition 47. Defendant argues: (1) his trial counsel was ineffective because he failed to present evidence from the preliminary hearing that the stolen items were worth $950 or less; (2) this court should reconsider existing case law and place the burden on the People to establish the value of the stolen items; and (3) in the alternative, the order should be reversed because the record shows the stolen items were worth $950 or less. We affirm.
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