People v. Black, 031519 CAAPP1, A154237

Docket Nº:A154237
Opinion Judge:RICHMAN, J.
Party Name:THE PEOPLE, Plaintiff and Respondent, v. ERIC BLACK, Defendant and Appellant.
Judge Panel:We concur: Kline, P. J., Stewart, J.
Case Date:March 15, 2019
Court:California Court of Appeals

THE PEOPLE, Plaintiff and Respondent,


ERIC BLACK, Defendant and Appellant.


California Court of Appeals, First District, Second Division

March 15, 2019


Humboldt County Super. Ct. Nos. CR1700669, CR1704676


In November 2014, the voters of California approved Proposition 47, which reduced certain theft crimes to misdemeanors where the value of the property taken was $950 or less. Two-and-one-half years later, defendant Eric Black pleaded guilty to felony receiving a stolen vehicle and was placed on three years' probation. After violating his probation by committing a first degree residential burglary, he was sentenced to prison. For the first time, he now contends his receiving a stolen vehicle charge should be reduced to a misdemeanor in accordance with Proposition 47. Defendant forfeited this claim by failing to raise it at any point below, and we thus affirm.


Case No. CR1700669

An information filed March 29, 2017 charged defendant with one count of felony receiving stolen property, a motor vehicle (Pen. Code, § 496d, subd. (a)), and one count of misdemeanor possession of burglary tools (§ 466).1

On May 15, pursuant to a negotiated disposition, defendant pleaded guilty to felony receiving stolen property, and the possession of burglary tools charge was dismissed. Defendant was placed on probation for three years.

On July 13, the probation department filed a petition to revoke defendant's probation on the ground that he twice failed to report to his probation officer as directed. Two amended petitions followed, one adding an allegation that defendant possessed stolen property, the other adding an allegation that he committed a first degree residential burglary.

On March 23, 2018, defendant admitted he had violated the terms of his probation.

Case No. CR1704676

On February 2, 2018, an information charged defendant with first degree residential burglary. (§§ 459, 460.) An amended information added a special allegation that he was on felony probation when he committed the offense.

On March 23, defendant pleaded guilty to...

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