P. v. Ashby CA3
This appeal comes to us ostensibly pursuant to People v. Wende (1979) 25 Cal.3d 436. In 2018, defendant Aaron William Ashby pleaded no contest to two counts of receiving a stolen motor vehicle, both felonies under Penal Code section 496d, subdivision (a), stemming from two separate cases: case Nos. 17F6605 and 17F5498. As to the count in case No. 17F6605, defendant admitted that he sustained a prior serious and/or violent felony conviction (§ 667.5, subd. (b)). As to both counts, defendant admitted a special allegation of aggregate and consecutive terms for multiple convictions (§ 1170.12). He was sentenced to a total of eight years four months in state prison.
Defendant subsequently filed a petition for resentencing under section 1170.18. The prosecutor filed an opposition to the petition, arguing the specified offenses were not eligible under section 1170.18, the total value of the property exceeded $950, and that defendant posed an unreasonable risk to public safety.
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