P. v. Greene CA1/2
Before Proposition 47 was passed, Michael Greene pleaded no contest to a felony count of identity theft and a felony count of second degree burglary. The basis for the burglary charge was Greene entering a bank and withdrawing money from an account that he had opened in someone else’s name. Greene subsequently petitioned under Proposition 47 for recall of his sentence on the burglary charge and resentencing for shoplifting. The trial court denied the request based on its understanding that the identity theft conviction disqualified Greene for resentencing on the burglary conviction. We conclude that the trial court’s interpretation of the law was in error; furthermore, most of the alternative reasons advanced by the Attorney General to support the trial court’s ruling have been rejected by our Supreme Court’s opinion in People v. Gonzales (2017) 2 Cal.5th 858 (Gonzales), issued after briefing in this case was complete.
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