California, United States of America
The following excerpt is from People v. Goodman, E065754 (Cal. App. 2017):
section 1170.18 applies to defendants who "would have been guilty of a misdemeanor under Proposition 47 had this Act been in effect at the time the offense was committed." The People also assert that the trial court "must also decide whether a petitioner would have been guilty of violating a newly created or amended section had that section been in effect at the time of the crime," regardless of the previously charged offense. However, to accept the People's argument would be to determine that defendant committed a crime other than that to which he pleaded guilty. (See 486-488.) Defendant pleaded guilty to petty theft with a prior under former section 666. We conclude that as a matter of law, the trial court may not now consider the conviction a grand theft. (See People v. Maestas (2006) 143 Cal.App.4th 247, 252-253.) The conviction itself establishes the value of the property taken, and defendant therefore met his burden. We will reverse the trial court's denial of defendant's petition for reclassification of his conviction of petty theft with a prior.4
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