P. v. Garcia CA2/5
Defendant Raymond Javier Garcia appeals an order denying his petition to reduce his 1993 felony conviction for receiving stolen property (Pen. Code, § 496) to a misdemeanor pursuant to Proposition 47 (§ 1170.18, subd. (f)). The trial court denied Garcia’s petition without prejudice on the basis that he was ineligible for relief because he failed to provide any evidence that the value of the stolen property did not exceed $950, as required to establish eligibility under section 1170.18.
Garcia contends he made a prima facie case that he is eligible for relief under section 1170.18, subdivision (f).
We agree that Garcia has met his initial burden of establishing eligibility.
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