P. v. Vargas CA4/1
In 2005 Jorge Vargas stole 32 bags of avocados. Vargas entered a negotiated guilty plea to felony grand theft of avocados, and the trial court imposed a stipulated 16-month lower prison term. In 2014 Proposition 47 went into effect, reclassifying certain felonies as misdemeanors (Pen. Code, § 1170.18; People v. Rivera (2015) 233 Cal.App.4th 1085, 1089), including theft of property valued at no more than $950 (§ 490.2, subd. (a)). In 2015 Vargas filed a petition asking the court to designate his offense a misdemeanor, recall the sentence, and resentence him under Penal Code section 1170.18. The court ultimately denied the petition, concluding Vargas had failed to prove that the value of the avocados was less than $950.
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