People v. Rivas-ColonAnnotate this Case
Rivas-Colon pled guilty to felony second degree commercial burglary (Pen. Code 459). The trial court placed him on probation. Rivas-Colon later petitioned for resentencing pursuant to section 1170.18 and section 459.5(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. The court of appeal affirmed, rejecting Rivas-Colon’s claims that the prosecution, not the defendant, has the burden of proof on a petition for resentencing brought pursuant to section 1170.18; that the court erred by considering the police report and store receipt when determining his eligibility for resentencing; and that he had a right to a jury trial on the value of the property.