P. v. Hernandez CA4/2
Defendant and appellant Aaron Alexander Hernandez pled guilty to one felony count of receiving stolen property (Pen. Code, § 496, subd. (a); count 1), specifically cash and identification cards. The trial court imposed a low term sentence of 16 months in state prison, doubled to 32 months for an admitted strike prior offense. (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1).)
After California voters later passed Proposition 47, which converted receipt of stolen property into a misdemeanor where the value of the stolen property does not exceed $950 (§ 496, subd. (a)), Hernandez petitioned for resentencing (§ 1170.18, subd. (a)). The trial court denied his petition because Hernandez failed to show the value of the stolen property did not exceed $950, and we affirmed on the same basis.
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