California v. PeacockAnnotate this Case
The State appealed an order granting the petition of defendant Justin Peacock to reduce his felony conviction of a violation of Penal Code section 496d to a misdemeanor. In February 2012, defendant was charged in a felony complaint with receiving a stolen motor vehicle, and charged with allegations that he had suffered a previous conviction of the same offense in April 2010, and had served three prior prison terms. In April 2012, defendant entered into a plea agreement under which he pled no contest to section 496d, subdivision (a). The agreement provided that the prior allegations would be dismissed, and the district attorney would recommend a 16-month sentence to be served at “half time.” Defendant was sentenced consistently with the plea agreement. The State contends that the trial court’s order was in error because it was unauthorized under Penal Code section 1170.18, and any new sentence was unauthorized. After review, the Court of Appeal concluded the trial court erred in redesignating defendant’s offense as a misdemeanor, and accordingly reversed the order.