People v. Williams

SMITH, J.*

*903*644I.

INTRODUCTION

Appellant Joshua J. Williams appeals from the trial court's denial of his petition to recall his sentence pursuant to Penal Code section 1170.18,1 a provision enacted by Proposition 47, and to reduce his prior conviction for buying or receiving a stolen vehicle (§ 496d) from a felony to a misdemeanor. We conclude that 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…