P. v. Hernandez CA4/1
Juan Hernandez filed a petition pursuant to Penal Code section 1170.18, subdivisions (f)–(g) requesting that the trial court re-designate as a misdemeanor a prior felony conviction that he suffered for receiving stolen property (§ 496, subd. (a)) in case No. SCS190587 (SCS 190587). On the same day that Hernandez filed his petition, the trial court summarily denied it on the ground that "[t]he petition seeks relief on an ineligible conviction – PC 139." The record indicates that the trial court mistakenly believed that the petition pertained to a separate conviction that Hernandez suffered for dissuading a witness by force or threat (§ 139) in case No. SCS194788 (SCS 194788).
On appeal, Hernandez requests that the trial court's order be reversed and the matter be remanded so that the trial court may properly consider his petition.
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