People v. Garner

Opinion

DUARTE, J.

Defendant Donald Keith Gamer, who had received a “third strike” sentence based on the commission of knowing receipt of stolen property (Pen. Code, § 496, subd. (a)), 1 unsuccessfully filed a Proposition 47 (the Safe Neighborhoods and Schools Act of 2014) petition to reduce his conviction to a misdemeanor, a petition denied after a hearing upon proof the property was worth over $950. However, the People advised the trial court that defendant was eligible for resentencing under Proposition 36 (the Three Strikes Reform Act of 2012), and conceded defendant posed no risk of danger…