People v. Nichols
Annotate this CaseIn August 2012 Nichols pleaded no contest to the felony offense of buying or receiving a stolen motor vehicle with a prior conviction for vehicle theft (Pen. Code, 496d, 666.5), and admitted the allegation that he had one prior violent or serious felony conviction that also qualified as a strike within the meaning of the Three Strikes law (sections 667(b)-(i), 1170.12). The trial court imposed a term of four years in the state prison. In November 2014 defendant filed a petition for habeas corpus, which the trial court treated as a petition for resentencing under section 1170.18(a) (Proposition 47), the Safe Neighborhoods and Schools Act . The trial court denied the petition on the ground that section 1170.18 does not apply to a felony conviction for buying or receiving a stolen motor vehicle in violation of section 496d and, therefore, resentencing defendant as a misdemeanant was not authorized by Proposition 47. The court of appeal affirmed, holding that Proposition 47 would not apply, even if the actual value of the stolen motor vehicle was $950 or less.
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