P. v. Vargas CA2/5
On September 18, 2014, defendant, Natalie A. Vargas, pled no contest to receiving stolen property, a California driver’s license. (Pen. Code, § 496, subd. (a).) She was placed on three years’ formal probation. Defendant appeals from an April 8, 2016 order denying, without prejudice, her oral section 1170.18 resentencing petition. Defendant argued the driver’s license was worth less than $950. (§ 496, subd. (a) as amended by Prop. 47, Gen. Elec. Nov. 4, 2014, § 9.) Defense counsel represented the cost to replace a California driver’s license is $33, but she did not present any evidence to that effect. Nor was any other evidence of value presented. It was defendant’s burden to present evidence the “reasonable and fair market value” (§ 496, subd. (a)) of the stolen property did not exceed $950. (People v. Romanowski (March 27, 2017, S231405) __ Cal.5th __, __; People v. Johnson (2016) 1 Cal.App.5th 953, 962; People v. Hall (2016) 247 Cal.App.4th 1255, 1263.) B
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