California v. Bias
Annotate this CaseIn 2012, defendant Phillip Pernell entered a bank in Moreno Valley and attempted to cash a check for $587.64. The check was made out to defendant and was drawn on the account of Innovative Design Concepts. Defendant was charged with second degree burglary and check forgery. The information also alleged a prison prior and a strike prior. Defendant pleaded guilty to count 1 and admitted the prior allegations. The trial court sentenced him to three years eight months in state prison. Then in 2014, defendant filed a petition for resentencing under Penal Code section 1170.18, subdivision (a). Over the People's objection on the ground that defendant was not eligible for resentencing, the trial court granted the petition, resentenced defendant for a misdemeanor violation of section 459.5, and gave him credit for time served. The State appealed the trial court's order, arguing defendant failed to meet his burden of proving eligibility for resentencing, and the trial court erred in granting defendant's petition because he remained guilty of second degree burglary, not misdemeanor shoplifting. The Court of Appeal agreed with the State and reversed the judgment.
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