People v. Simms

Simms entered Vega’s tire store and asked for a used tire. Vega heard the cash drawer close as he walked away and returned to find Simms with his hand near the drawer. Simms denied stealing money and walked to his car. Vega tried to stop him but Simms sprayed Vega with pepper spray and drove away. Vega then inspected surveillance footage from the previous day and saw Simms entering the store and taking money out of the register that day. Vega was unclear about how much money was taken. After being sentenced to 23 years in prison, Simms filed a Penal Code section 1170.181 petition to have four prior felonies reduced to misdemeanors under Proposition 47, failing to obtain reductions as to convictions for grand theft from the person and for burglary. During eligibility proceedings at which Simms was not present, the court found Simms was not eligible to have either conviction reduced to a misdemeanor because he failed to show that the dollar amount of the stolen property in either instance was $950 or less. The court of appeal vacated, finding that Simms was denied his constitutional and statutory rights to be present during the eligibility proceedings. The court did not reach his claim of ineffective assistance but rejected an argument that the trial court “misunderstood” the evidence presented to it concerning the amounts of money taken. View "People v. Simms" on Justia Law