California v. Huerta
Annotate this CaseThe State appealed a trial court's order granting defendant Julia Huerta's Proposition 47 petition to re-designate a prior felony conviction to a misdemeanor. Huerta pled guilty to one felony count of second degree commercial burglary for the theft of eight bottles of perfume worth $463 from a Sears Department Store. Huerta sought to have her conviction redesignated as the newly created misdemeanor of shoplifting, "entering an open commercial establishment with intent to commit larceny of $950 or less." Huerta’s petition stated "the value of the . . . property does not exceed $950.00." At a hearing, the People did not contest the value of the stolen property, but contended Huerta’s burglary offense did not qualify as shoplifting because she entered the store with another person with whom she shared the intent to commit conspiracy. On appeal, the State argued the trial court erred by: (1) reaching the merits when Huerta failed to satisfy her initial burden by attaching evidence to her petition; and (2) concluding Huerta was eligible for relief when her conduct could have been punished as felony burglary even after Proposition 47, because she entered Sears with the intent to commit conspiracy. Finding no error, the Court of Appeal affirmed.
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