People v. Romero CA4/1

California Court of Appeal Jul 16, 2015 No. D067208Unpublished

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Holding. The court held that the trial court erred in denying the defendant's petitions for resentencing under Proposition 47 without determining whether the defendant met the statutory eligibility requirements. The case was remanded for the trial court to evaluate potential disqualifying factors.

Issues

Whether the defendant's second degree burglary convictions qualify for resentencing under Penal Code section 1170.18 and Proposition 47.
Whether the trial court erred in failing to determine if disqualifying factors exist under section 1170.18.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“The trial court erroneously concluded appellant did not qualify for resentencing, and did not reach the question of whether disqualifying factors in her history exist.”

“The matter is remanded and the trial court is directed to determine whether appellant is eligible for resentencing under section 1170.18, subdivisions (b)”

Filed 7/16/15 P. v. Romero CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067208

Plaintiff and Respondent,

v. (Super. Ct. Nos. JCF32359, JCF33505) KARINA MICHELLE ROMERO,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Imperial County, Poli Flores,

Judge. Reversed and remanded with directions.

Christian C. Buckley, under appointment by the Court of Appeal for Defendant

and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Kristen

Hernandez, Deputy Attorneys General, for Plaintiff and Respondent.

BACKGROUND

On January 10, 2014, appellant pled guilty to a second degree burglary that

occurred on January 5, 2014, in violation of Penal Code1 section 459 (case No.

JCF32359). That case involved merchandise valued at $639.99. Appellant was given a

three year suspended sentence and placed on three years of formal probation. On

September 3, 2014, appellant pled no contest to one count of second degree commercial

People v. Romero CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067208

BACKGROUND

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DISCUSSION

DISPOSITION

HALLER, J.

IRION, J.

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