People v. Gonzalez

198 Cal. Rptr. 3d 533, 244 Cal. App. 4th 1058, 2016 Cal. App. LEXIS 106
CourtCalifornia Court of Appeal, 4th District
DecidedFebruary 11, 2016
DocketE063113
StatusPublished
Cited by6 cases

This text of 198 Cal. Rptr. 3d 533 (People v. Gonzalez) is published on Counsel Stack Legal Research, covering California Court of Appeal, 4th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Gonzalez, 198 Cal. Rptr. 3d 533, 244 Cal. App. 4th 1058, 2016 Cal. App. LEXIS 106 (Cal. Ct. App. 2016).

Opinion

RAMIREZ, P.J.

*1062Defendant and respondent, Joanna Ruth Gonzalez, pled guilty to one felony count of grand theft from a person (Pen.Code, § 487, subd. (c), count 3)1 and one misdemeanor count of battery (§ 242, count 4). As part of the plea agreement, the People dropped charges of robbery (§ 211, count 1) and burglary (§ 459, count 2). The trial court sentenced Gonzalez to 36 months of formal probation on the condition she serve 365 days in a work release program, with 51 days of presentence custody and behavior credits.

The voters of California subsequently passed Proposition 47, which converted certain nonviolent offenses into misdemeanors and created a petitioning process which allows anyone serving a felony sentence for a conviction the initiative converted into a misdemeanor to request resentencing. (§ 1170.18, subd. (a).) Relevant to Gonzalez's case, Proposition 47 converted grand theft from a person into a misdemeanor where the amount of the theft was less than $950. (§ 490.2, subd. (a).) Gonzalez petitioned for resentencing, and the trial court granted the petition, deemed her conviction on count 3 a misdemeanor, vacated her sentence of formal probation, and resentenced her to summary probation.

The People appeal and contend the trial court erred in granting the petition on the grounds that: (1) Gonzalez is not eligible *535for resentencing because she was convicted under a negotiated plea agreement under the terms of which the People dismissed other felony counts in return for Gonzalez receiving a sentence of formal probation; and (2) Gonzalez did not carry her burden of showing her offense would now be a misdemeanor because she did not show the underlying conduct would not have constituted felony robbery and burglary, as originally charged. In the alternative, the People contend the trial court erred by refusing to find Gonzalez breached the plea agreement by petitioning for resentencing and by refusing to allow them to withdraw from the plea agreement and restore the dismissed counts.

We affirm.

I

FACTUAL BACKGROUND

On July 15, 2011, Gonzalez was charged with two felonies, robbery (§ 211) and burglary (§ 459). Gonzalez and prosecutors subsequently negotiated a plea agreement. On August 16, 2011, in accord with the plea *1063agreement, prosecutors amended the complaint against Gonzalez to add a felony charge of grand theft from a person (§ 487, subd. (c) ) and a misdemeanor charge of battery (§ 242), and also moved to dismiss the robbery and burglary counts. Gonzalez pled guilty to the new felony grand theft from a person and misdemeanor battery counts. Consistent with the plea agreement, the trial court sentenced Gonzalez to 36 months of formal probation on the condition she serve 314 days in a work release program, after accounting for presentence custody and behavior credits.

After Gonzalez began serving her sentence, Proposition 47 amended the Penal Code to reduce some cases of felony grand theft to misdemeanors: "Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor." (§ 490.2, subd. (a).) Proposition 47 also added a resentencing procedure allowing offenders to petition for resentencing if they are "currently serving a sentence for a conviction, whether by trial or plea," for committing a felony and "would have been guilty of a misdemeanor under" the provisions added by Proposition 47. (§ 1170.18, subd. (a).) On December 10, 2014, Gonzalez filed a petition for resentencing under section 1170.18, subdivision (a). Her petition identifies her conviction as being for a violation of section 487 and avers that she "believes the value of the check or property does not exceed $950."

On March 5, 2015, the trial court held a hearing on the petition. The prosecution conceded Gonzalez did not pose an unreasonable risk of danger to the public safety, as that phrase is defined in the statute. The prosecution also conceded the property Gonzalez took was "well below the $950 threshold." However, the prosecution contended Gonzalez was not eligible for resentencing under section 1170.18, subdivision (a) because she was convicted pursuant to a negotiated plea agreement under which the People dismissed other felony counts. The prosecution also contended that, if Gonzalez did qualify for resentencing, the court should vacate the plea agreement and allow the prosecution to pursue the original robbery and burglary counts.

The trial court granted the petition, deemed the grand theft count to be a misdemeanor, vacated the felony formal probation sentence, and resentenced Gonzalez to summary probation.

*536*1064II

DISCUSSION

On November 4, 2014, the voters of California enacted "The Safe Neighborhoods and Schools Act" (hereinafter Proposition 47), which became effective the next day. (Cal. Const., art. II, § 10, subd. (a).) Proposition 47 changed portions of the Penal Code and Health and Safety Code to reduce various drug possession and theft-related offenses from felonies or wobblers to misdemeanors, unless the offenses were committed by certain ineligible offenders. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1091, 183 Cal.Rptr.3d 362.) Section 3 of the initiative specified it was the "purpose and intent of the people of the State of California to:" "[r]equire misdemeanors instead of felonies for nonserious, nonviolent crimes like petty theft and drug possession," "[a]uthorize consideration of resentencing for anyone who is currently serving a sentence for any of the offenses listed herein that are now misdemeanors," "save significant state corrections dollars on an annual basis ... [and] increase investments in programs that reduce crime and improve public safety, such as prevention programs in K-12 schools, victim services, and mental health and drug treatment." (Voter Information Pamp., Gen. Elec. (Nov. 4, 2014) text of Prop. 47, p. 70, § 3, subds. (3), (4), (6).) The electorate also directed that Proposition 47 "shall be liberally construed to effectuate its purposes." (Alejandro N. v. Superior Court (2015) 238 Cal.App.4th 1209, 1222, 189 Cal.Rptr.3d 907.)

The interpretation of a statute is subject to de novo review on appeal. (Kavanaugh v. West Sonoma County Union High School Dist. (2003) 29 Cal.4th 911

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Bluebook (online)
198 Cal. Rptr. 3d 533, 244 Cal. App. 4th 1058, 2016 Cal. App. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gonzalez-calctapp4d-2016.