P. v. Johnson CA2/5
Defendant Clifford Johnson appeals an order denying his petition to reduce his 1988 felony conviction for receiving stolen property to a misdemeanor pursuant to Proposition 47 (§ 1170.18, subd. (f)). Attached to his petition to recall, defendant included a copy of a hearing in his 2001 Colorado case where the 1988 California case for receiving stolen property (Los Angeles County Superior Court Case No. A643787) was at issue as a prior offense. The trial court denied defendant’s petition on the basis that: “The attached sentencing transcript is from a Colorado case. This court has no jurisdiction in Colorado.” We agree with the parties that although defendant’s supporting documentation may have been confusing, his intent was to challenge his 1988 California conviction under section 496, subdivision (a), as he indicated on the recall petition itself. The trial court has jurisdiction to determine the merits of defendant’s petition. We remand to allow it to do so.
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