People v. SellnerAnnotate this Case
Defendant appealed an order resentencing her to two years felony jail for receiving stolen property. The court found that the initial aggregate sentence was three years and eight months. Two years is less than that and thus, defendant received a lesser sentence. The court held that when the principal term is no longer in existence, the subordinate term must be recomputed. As long as the recomputed term is less than the prior aggregate term, defendant has not been punished more severely for the successful filing of a Proposition 47 petition. Accordingly, the court affirmed the judgment.