People v. Garrett

Opinion

MÁRQUEZ, J.

Defendant Ryan James Garrett appeals from the denial of his petihon for resentencing under Proposition 47. In February 2014, defendant and another person entered a convenience store with a stolen credit card and attempted to buy gift cards valued at $50. Defendant pleaded no contest to commercial burglary under Penal Code section 459.

In December 2014, defendant petitioned for resentencing on the ground that Proposition 47 made the offense a misdemeanor under Penal Code section 459.5 (shoplifting). The trial court denied the pehtion on the ground that defendant was not…