P. v. Woods CA2/1
Defendant and appellant Gerald W. Woods appeals from an order denying his petition for resentencing under Proposition 47. In 2012, appellant pleaded no contest and was convicted of grand theft of an electric wheelchair under Penal Code section 487, subdivision (a), which, at that time, required that the value of the stolen property exceed $950. Although the information alleged that the property had a value exceeding $950, appellant indicated in his petition that the amount in question is “not more than $950.” Thus, appellant requested that the felony sentence be recalled and that he be resentenced to a misdemeanor pursuant to Penal Code section 1170.18. Respondent opposed the petition, indicating that appellant “is ineligible for the relief requested” in that the value is “$1,100 +/-.”
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