California v. SherowAnnotate this Case
Defendant-appellant Timothy Sherow was originally convicted of nine counts of second degree burglary arising from offenses committed in 2007. He admitted eight prison priors and one strike prior. Sherow was sentenced to a determinate term of 19 years four months. On appeal, the Court of Appeal reversed counts 7 through 10 for instructional error. However, since the counts had been sentenced concurrently the reversal did not impact the sentence. In November 2014, Sherow filed a petition for resentencing of all five remaining counts of second degree burglary pursuant to Proposition 47. The court found Sherow did not qualify for relief because the loss exceeded $100,000. Sherow appealed, challenging only the decision as to counts 1 and 2. He argued the record did not show the loss as to each count exceeded $950 and thus the two counts should be resentenced as misdemeanors. Sherow's petition sought resentencing as to all five counts without any separate discussion of the counts, no reference to facts or evidence and no argument. Upon review, the Court of Appeal agreed with the People that Sherow had the burden to show the property loss in each of those counts did not exceed $950 and thus fell within the new statutory definition of shoplifting. The Court was satisfied that Sherow's blanket request for resentencing on all counts without any effort to deal with those which might have involved less than $950 or to discuss any facts surrounding the offenses, was fatally defective. Thus the trial court properly denied the petition.