People v. Smith

Opinion

SLOUGH, J.—

Defendant Michael Lee Smith appeals from the summary denial of his Proposition 47 resentencing petition. (Pen. Code, § 1170.18.) Using Riverside County Superior Court’s standard petitioning form, Smith sought to have two felony second degree commercial burglary (§ 459) 1 convictions (counts 1, 2) designated as misdemeanor shoplifting (§ 459.5). As part of his petition, Smith declared as to both counts that ‘“[t]he value of the check or property does not exceed $950.00.” The People responded by representing Smith “is entitled to resentencing” on count 2 and requesting a…