People v. AmayaAnnotate this Case
Defendant pleaded no contest to six counts of second degree commercial burglary with intent to commit larceny. On appeal, defendant challenged the trial court's order denying his Proposition 47 petition to reduce his felony burglary charges to misdemeanor shoplifting. The court concluded that defendant's oral motion satisfies the statutory requirement of a "petition" pursuant to Penal Code section 1170.18. The court rejected the People's arguments and concluded that, while defendant's motion is arguably vague, it is clear what relief defendant was requesting. Accordingly, the court reversed counts one through five and remanded with directions. The court affirmed the order on count six.