People v. Huerta

Opinion

SLOUGH, J.—

The People appeal from the trial court’s order granting defendant Julia Rosa Huerta’s petition to redesignate a prior felony conviction as a misdemeanor under The Safe Neighborhoods and Schools Act (Proposition 47). (Pen. Code, § 1170.18.)

Huerta pled guilty to one felony count of second degree commercial burglary (Pen. Code, § 459) 1 based on her theft of eight bottles of perfume worth $463 from a Sears department store. Huerta sought to have her conviction redesignated as the newly created misdemeanor of shoplifting— entering an open commercial establishment with intent to…