P. v. Jones CA4/2
Casey Jones, Jr., appeals an order denying his petition to designate his conviction for burglary (Pen. Code, § 459, unlabeled statutory citations refer to this code) as misdemeanor shoplifting (§ 459.5) under section 1170.18, which California voters enacted as part of The Safe Neighborhoods and Schools Act (Proposition 47). Jones also appeals the order denying his motion to strike the one-year prison prior enhancement (§ 667.5, subd. (b)) imposed on the burglary count, which was based on a conviction the trial court had previously redesignated a misdemeanor under Proposition 47. Jones contends the trial court erred by inadvertently denying his petition to designate the burglary conviction a misdemeanor and by denying his motion to strike the enhancement because the redesignated misdemeanor conviction could not have supported an enhancement had Proposition 47 been in effect at the time of his offenses.
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