P. v. Ruby CA6
Defendant Nancy Lee Ruby appeals from the denial of her Proposition 47 petition for resentencing on three counts of second degree burglary (Pen. Code, §§ 459, 460, subd. (b)) and one count of attempted second degree burglary. (Pen. Code, §§ 664; 459, 460, subd. (b).) She contends the trial court erred because the offenses involve entering a commercial establishment to commit theft of property under $950, making her eligible for misdemeanor resentencing under Penal Code section 1170.18 (enacted by Proposition 47). For the reasons explained, we conclude (1) the trial court erred in denying resentencing on the three counts of burglary, and (2) the record is insufficient to show error in denying resentencing on the attempted burglary charge. We will therefore reverse the order and remand the matter to the trial court for further proceedings.
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