P. v. Kenny CA6
David Matthew Kenny is serving a 25-years-to-life sentence for possessing stolen or extorted property. (Pen. Code, § 496.) He appeals the denial of a petition to recall the sentence and be resentenced under Proposition 47, which reduced the offense to a misdemeanor where the value of the property does not exceed $950. Kenny argues that the trial court committed prejudicial due process error by denying the petition without providing him notice or appointing counsel. He argues in the alternative that any affirmance by this court should be without prejudice to the refiling of a proper petition. For the reasons stated here, we will affirm the order denying resentencing without prejudice to the trial court’s consideration of a new petition supplying evidence of his eligibility for relief.
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