People v. Martin
Annotate this CaseThe Court of Appeal reversed the trial court's order granting a petition to recall defendant's felony sentence and to resentence her for misdemeanor shoplifting. The court held that the trial court erroneously determined that a felony conviction for conspiracy to commit petty theft is eligible for reduction to a misdemeanor under Penal Code 1170.18. The court held that Proposition 47 does not authorize the reduction of a felony conspiracy conviction to misdemeanor shoplifting. In this case, defendant had five prior separate prison terms and joined an international conspiracy to commit petty theft. She was paid $200 each time she stole $1,000 cosmetics for someone who would send them to Latin America.
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