People v. Smith

SLOUGH J.

*719Defendant 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) because "[t]he value of the check or property does not exceed $950.00." The People responded, also using the standard form, by checking the box *720conceding Smith "is entitled to resentencing" and requesting a hearing to determine "[r]e-sentencing…