People v. ThompsonAnnotate this Case
Defendant appealed the denial of his resentencing petition under Penal Code section 1170.18, contending that he is entitled to resentencing because his grand theft conviction for violating section 484e, subdivision (d) has now been reclassified as a misdemeanor under section 490.2, subdivision (a) (added by Proposition 47). The court agreed, concluding that defendant is eligible for resentencing under section 1170.18 because, under Proposition 47, his conviction has been reclassified as a misdemeanor. The court also concluded that remand is required because the trial court did not reach the issue of whether resentencing defendant would pose an unreasonable risk of danger pursuant to section 1170.18, subdivision (b). Accordingly, the court reversed and remanded for further proceedings.