P. v. Torres CA6
Defendant Antonio Torres pleaded guilty to felony forgery based on his possession of blank and unfinished checks (Pen. Code, § 475, subd. (b)). Defendant was placed on probation, and his probation was later terminated.
Defendant subsequently filed a petition with the trial court pursuant to section 1170.18, subdivision (f), which was enacted as part of Proposition 47, to have his felony conviction redesignated as a misdemeanor. He contended that, because the checks were blank and unfinished, the value of the checks were under $950. The trial court determined that defendant had not made a sufficient showing of value and denied the petition without prejudice to defendant refiling a petition with the facts necessary to establish a prima facie case of eligibility for relief.
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