P. v. Pomares CA4/2
Pursuant to a plea agreement, defendant Gary Richard Pomares pled guilty in 2007 to receiving a stolen vehicle (Pen. Code, § 496d, subd. (a) ; count 1). The court sentenced defendant to two years in state prison. After enactment of Proposition 47 (§ 1170.18), defendant filed a Proposition 47 application for reduction of his felony conviction to misdemeanor theft (§ 490.2). The trial court found him ineligible for relief and denied the application. Defendant appeals, arguing that the court erred in not reducing his felony conviction to misdemeanor theft. We affirm on the ground a section 496d, subdivision (a) conviction is not eligible for Proposition 47 relief.
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