P. v. MacMillan CA3
Defendant Evan MacMillan appeals from the trial court’s denial of his Penal Code section 1170.18 petition for resentencing on his conviction for grand theft of a firearm. (§ 487, subd. (d).) He contends the trial court erred in finding his crime ineligible for relief because theft of a firearm worth $950 or less was a misdemeanor at the time he filed his petition. Agreeing with defendant’s arguments, we will reverse the trial court’s order and remand for further proceedings on defendant’s petition for resentencing.
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