P. v. Helmuth CA2/1
Shawn Helmuth petitioned the trial court under Proposition 47, the Safe Neighborhood and Schools Act, for an order reclassifying a conviction for vehicle theft from a felony to a misdemeanor because, the petition alleged, the vehicle was worth less than $950. Based on the fact that there was no evidence in the petition (other than Helmuth’s assertion) about the value of the stolen vehicle and its own guess about the value of the vehicle at the time Helmuth stole it, the trial court denied Helmuth’s petition.
Helmuth contends, and the People agree, that the trial court erred when it denied Helmuth’s petition without allowing Helmuth to produce evidence regarding the value of the vehicle. We agree, and will reverse the trial court’s order and remand for further proceedings.
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