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Legal Opinion

People v. Rivas-Colon

California Court of Appeal

Decided October 16, 2015No. A144390PublishedCited by 32 opinions

1Opinion of the Court

Opinion

JONES, P. J.

Appellant Joseph Rivas-Colon pled guilty to felony second degree commercial burglary (Pen. Code, § 459) 1 and the trial court placed him on probation. Rivas-Colon later petitioned for resentencing pursuant to section 1170.18 and section 459.5, subdivision (a), which classifies shoplifting as a misdemeanor where the value of the property taken or intended to be taken does not exceed $950. The court denied the petition, concluding Rivas-Colon was not eligible for resentencing because the value of the property exceeded $950.

Rivas-Colon appeals. He contends the court…

2Cases cited15 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Dillon v. United StatesSupreme Court of the United States · 2010
  4. People v. KellyCalifornia Supreme Court · 1992
  5. People v. RiveraCalifornia Court of Appeal · 2015

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3Cited by32 opinions

  1. People v. RouseCalifornia Court of Appeal · 2016
  2. People v. PerkinsCalifornia Court of Appeal · 2016
  3. People v. JohnsonCalifornia Court of Appeal · 2016
  4. People v. Simms, California Court of Appeal, 5th District2018
  5. People v. Roderick Wash., California Court of Appeal, 5th District2018

27 more not listed; retrieve them via the Exa API.

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