P. v. Heyman CA4/2
Defendant and appellant Jason Samuel Heyman appeals from an order of the
superior court denying his petition (Pen. Code, § 1170.18)1
to reduce his felony receiving
stolen property (§ 496, subd. (a)) conviction to a misdemeanor under the Safe
Neighborhoods and Schools Act (Proposition 47). (§ 1170.18.) On appeal, defendant
argues his counsel was ineffective because (1) counsel requested the court value nonrelevant
items, and (2) counsel failed to establish the fair market value of the property at
the time of the theft. For the reasons explained below, we remand the matter for a further
hearing to determine the fair market value of the relevant stolen property.
Comments on P. v. Heyman CA4/2