P. v. Gomes CA2/1
On December 19, 1975, a jury found appellant Larry E. Gomes guilty of second degree burglary in violation of Penal Code section 459, for a daytime burglary of a residence.
On October 12, 2017, appellant filed a petition, pursuant to section 1170.18, requesting the court to resentence him to a misdemeanor because the amount in question was less than $950 and that his offense qualified for reduction to a misdemeanor under Proposition 47. The trial court conducted a hearing on the petition and denied it on the ground that section 1170.18 was not applicable because the appellant had burgled a residence rather than a business which rendered his conviction ineligible for resentencing under Proposition 47. In his notice of appeal, appellant complained that the court erred in failing to appoint counsel to represent him at the hearing on the petition and erred in failing to find that his offense qualified for resentencing under Proposition 47.
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