P. v. Mountford CA2/1
David Gordon Mountford (Mountford) pleaded nolo contendere to one count of grand theft of property with a value in excess of $950. (Pen. Code, § 487, subd. (a).) The court sentenced him to a seven-year suspended sentence, and imposed the sentence after Mountford violated the terms of his probation. Mountford petitioned the court for resentencing pursuant to Proposition 47, but the court denied the petition on the ground that his conviction rendered him ineligible for Proposition 47 relief. On appeal, Mountford argues that the court erred in denying his petition, and further argues that his conviction should be reversed and the charges dismissed because his plea and sentence are void.
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