P. v. Santamaria CA4/1
allegations were dismissed.
In October 2014, Santamaria was sentenced to a split term of three years, with two years to be served in local custody and one year in mandatory supervision.
In May 2015, Santamaria filed a petition under Proposition 47 (§ 1170.18) requesting that his conviction for receiving stolen property be redesignated as a misdemeanor. Following briefing and a hearing the motion was denied.
Santamaria appealed contending the trial court erred in denying his petition. Although he conceded in the trial court that the burden of proof as to the value of the stolen items was on him, he now contended the burden of proof was on the prosecution. Santamaria also argued that the only material which can be considered in ruling on a petition such as this is the record of conviction. We rejected Santamaria's contention and affirmed the trial court's denial of the petition for resentencing.
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