P. v. Garrett
Defendant William Joseph Garrett appeals the trial court’s denial of his petitions for recall and resentencing under Proposition 47. Defendant filed a total of six petitions under Penal Code section 1170.18 for six prior convictions of burglary (§ 459), arguing his crimes would have each been considered misdemeanor shoplifting as set forth under section 459.5, which was enacted by Proposition 47, if that statute had been in effect at the time of his offenses. On appeal, he challenges the denial of two of his petitions and insists the trial court should have held hearings to determine his eligibility for relief since he completed the forms provided by Santa Clara County Superior Court. For the reasons set forth below, we find the trial court did not err when it summarily denied the Proposition 47 petitions, because defendant failed to state prima facie cases for relief. We affirm the orders.
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