People v. Williams

In 2011, Williams was charged with felony receiving a stolen vehicle, Penal Code 496d(a), with allegations that Williams had served five prison sentences, one of which was a serious or violent felony. Williams pleaded no contest, admitting the special allegations. The court granted his request to dismiss the prior strike finding, imposed a suspended sentence of seven years, and granted Williams four years of formal probation. In November 2014, Williams filed a petition to recall his sentence, to reduce his conviction to a misdemeanor, and for resentencing (Penal Code 1170.18(b), (d), (f)), arguing the stolen vehicle he received was worth less than $950. Proposition 47 changed the crime of theft from a felony to a misdemeanor when the property involved was valued at $950 or less. The court denied the petition, reasoning that section 1170.18 was specific in listing the offenses that are subject to recall. The court of appeal affirmed, without prejudice to the filing of a new petition. Although section 1170.18 does not expressly reference section 496d, it does permit resentencing under section 490.2 for “obtaining any property by theft” valued at less than $950. A conviction for receiving a stolen vehicle is obtaining property by theft and qualifies for resentencing. Williams, however, failed to demonstrate the value of the stolen vehicle/ View "People v. Williams" on Justia Law