1

Filed 5/13/16 P. v. Bates CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

VICTOR WAYNE BATES, JR.,

Defendant and Appellant.

E063593

(Super.Ct.Nos. RIF1105274 & 

RIF1102121)

OPINION

APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge. 

Affirmed.

Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and 

Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney 

General, A. Natasha Cortina, Annie Fraser and Christen Somerville, Deputy Attorneys

General, for Plaintiff and Respondent.
2

The trial court denied the Proposition 47 petition for resentencing of defendant 

and appellant Victor Wayne Bates, Jr. (Pen. Code, § 1170.18.)1 Defendant raises two 

issues on appeal. First, defendant contends the record of conviction does not support 

the finding that the value of the property he stole exceeded $950. Second, defendant 

contends the trial court erred by not providing him notice that he could request a hearing 

concerning his petition. We affirm the judgment.

FACTUAL AND PROCEDURAL HISTORY

In an amended information filed in Riverside County on January 8, 2013, 

defendant was charged with (1) residential burglary (§ 459); (2) being a felon in 

possession of a firearm (§ 12021, subd. (a)(1)); (3) one felony count of receiving stolen 

property (§ 496, subd. (a))—(a) a Macbook; (b) a nine-millimeter handgun; (c) a 

camera; and (d) a stamp collection—the items were alleged to have been taken from 

four separate victims; and (4) failing to appear (§ 1320, subd. (b)). It was further 

alleged that defendant suffered (1) three prison priors (§ 667.5, subd. (b)); (2) a prior 

serious felony conviction (§ 667, subd. (a)); and a prior strike conviction (§§ 667, subds. 

(c)&(e)(1), 1170.12, subd. (c)(1)).

On January 8, 2013, defendant pled guilty to the offenses of residential burglary 

(§ 459) and receiving stolen property (§ 496, subd. (a)). Defendant also admitted 

suffering one prison prior (§ 667.5, subd. (b)) and one prior strike conviction (§§ 667, 

subds. (c)&(e)(1), 1170.12, subd. (c)(1)).

 

1

 All subsequent statutory references will be the Penal Code, unless otherwise 

indicated. 
3

The trial court sentenced defendant to prison for a term of 13 years. The failure 

to appear and felon in possession of a firearm charges were dismissed in the interest of 

justice. (§ 1385.) The court ordered defendant to pay victim restitution in an amount to 

determined by the Probation Department. (§ 1202.4, subd. (f).) A probation report was 

not included in the record on appeal. 

On December 15, 2014, defendant petitioned the trial court to reduce his felony 

receiving stolen property conviction (§ 496, subd. (a)) to a misdemeanor. (§ 1170.18.) 

On the petition form, defendant’s attorney marked the box reflecting defendant had 

been convicted of receiving stolen property and that defendant believed the value of the 

stolen property did not exceed $950. No supporting papers were attached to the 

petition. 

The prosecutor responded to the petition, arguing that the value of the stolen 

property exceeded $950. The prosecutor wrote, “Loss over $950 (Macbook, 9mm 

handgun, camera, & stamp collection.)” The trial court denied defendant’s petition

without a hearing. The court’s minute order reflects, “496 (a) PC—loss was over 

$950.” 

DISCUSSION

A. PROPERTY’S VALUE

Defendant contends the trial court erred by concluding the value of the stolen 

property exceeded $950, because there is nothing in the record of conviction supporting 

such a finding. 
4

No evidence was submitted at the trial court, so we will apply the de novo 

standard of review. (People v. Sherow (2015) 239 Cal.App.4th 875, 878 (Sherow).) In 

June 2011, when defendant committed his crime, the offense of receiving stolen 

property could be charged as a misdemeanor if (1) such a classification served the 

interests of justice, and (2) the value of the stolen property did not exceed $950. 

(Former § 496, subd. (a).) Now, after the passage of Proposition 47, the offense of 

receiving stolen property is a misdemeanor if “the value of the property does not exceed 

$950.” (T.W. v. Superior Court (2015) 236 Cal.App.4th 646, 651.) 

In requesting a felony conviction be transmuted into a misdemeanor pursuant to 

Proposition 47, a defendant bears the burden of making an initial showing concerning 

the value of the stolen property. In other words, a defendant bears the burden of

initially showing he is entitled to a reduction in sentence. Therefore a “proper petition” 

should contain proof, such as the defendant’s testimony (or other evidence) regarding 

the nature and value of the items taken. Based upon that initial showing, the trial “court 

can take such action as appropriate to grant the petition or permit further factual 

determination.” (Sherow, supra, 239 Cal.App.4th at p. 880; see also People v. RivasColon (2015) 241 Cal.App.4th 444, 449-450.) 

Defendant’s petition reflects defendant’s attorney’s conclusion that defendant 

believed the value of the property was less than $950. Defendant provides no proof 

about the value of the stolen items. Thus, defendant failed to meet his burden of 

showing the value of the items was less than $950.
5

The trial court may have erred by making the factual finding that the property 

was valued at over $950 because evidence was not submitted to support that finding. 

Nevertheless, the trial court’s denial of defendant’s petition was correct for a different 

reason—defendant failed to meet his burden of demonstrating the property was valued 

at $950 or less. (In re Lucero L. (2000) 22 Cal.4th 1227, 1249-1250 [a correct ruling 

will be upheld even if the reasons for the ruling were incorrect].) Defendant’s failure to 

provide the trial court with any proof regarding the value of the property means he 

failed to demonstrate he is eligible for resentencing. Accordingly, we conclude the trial 

court did not err by denying defendant’s petition.

B. NOTICE

Defendant contends the trial court erred by not providing him notice that he 

could request a hearing concerning his petition. Defendant’s argument is based upon a 

due process violation, in that he asserts he was not provided proper notice of his right to 

request a hearing. Defendant contends people who have completed serving their prison 

sentences can request a hearing (§ 1170.18, subd. (h)), and therefore, people, such as 

defendant, who are incarcerated should be given notice that they too can request a 

hearing.2 

 

2

 Although we have concluded defendant failed to meet his burden, the notice 

issue has not been rendered moot. Presumably, defendant would argue that he did not 

meet his burden because he was not given notice about the possibility of a hearing, and 

at the hearing he would have provided the relevant evidence. Accordingly, the notice 

issue is pertinent to resolving defendant’s concerns. If we were to conclude defendant 

were entitled to notice of a possible hearing, then he might present the necessary proof

[footnote continued on next page]
6

Defendant has raised a legal question, so we apply the de novo standard of 

review. (In re Bode (1999) 74 Cal.App.4th 1002, 1004.) “‘In interpreting a voter

initiative . . . we apply the same principles that govern statutory construction. 

[Citation.] Thus, “we turn first to the language of the statute, giving the words their 

ordinary meaning.” [Citation.] The statutory language must also be construed in the 

context of the statute as a whole and the overall statutory scheme [in light of the 

electorate’s intent]. [Citation.] When the language is ambiguous, “we refer to other 

indicia of the voters’ intent, particularly the analyses and arguments contained in the 

official ballot pamphlet.” [Citation.]’ [Citation.] In other words, ‘our primary purpose 

is to ascertain and effectuate the intent of the voters who passed the initiative measure.’” 

(People v. Briceno (2004) 34 Cal.4th 451, 459.)

Section 1170.18, provides in relevant part, “A person who has completed his or 

her sentence for a conviction, whether by trial or plea, of a felony or felonies who 

would have been guilty of a misdemeanor under this act had this act been in effect at the 

time of the offense, may file an application before the trial court that entered the 

judgment of conviction in his or her case to have the felony conviction or convictions 

designated as misdemeanors.” (§ 1170.18, subd. (f), italics added.) Additionally, 

“Unless requested by the applicant, no hearing is necessary to grant or deny an 

application filed under subdivision (f).” (§ 1170.18, subd. (h), italics added.) 

 

[footnote continued from previous page]

at the hearing on remand. (See In re Albert G. (2003) 113 Cal.App.4th 132, 134 [an 

issue is moot when no effective relief can be granted].)
7

Thus, based upon the foregoing plain language, people who have completed their 

sentences are “applicants” who file “applications,” and may request a hearing regarding 

their “applications.”

By contrast, section 1170.18, subdivision (a), provides, “A person currently 

serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who 

would have been guilty of a misdemeanor under the act that added this section . . . had 

this act been in effect at the time of the offense may petition for a recall of sentence 

before the trial court that entered the judgment of conviction in his or her case to request 

resentencing . . . .” 

Section 1170.18, subdivision (b), provides, “Upon receiving a petition under 

subdivision (a), the court shall determine whether the petitioner satisfies the criteria in 

subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the petitioner’s

felony sentence shall be recalled and the petitioner resentenced to a misdemeanor[,] 

unless the court, in its discretion, determines that resentencing the petitioner would pose 

an unreasonable risk of danger to public safety.” 

Accordingly, the statute provides that people currently serving their sentences are 

“petitioners” who file “petitions.” That there is a difference between petitions and 

applications is reinforced by section 1170.18, subdivision (j), which uses both terms, i.e, 

the terms are not interchangeable, and provides, “Any petition or application under this 

section shall be filed . . . .” Subdivision (j) reflects that petitions and applications are 

not interchangeable—the statute contemplates both petitions and applications, and there 

are differences between them.
8

Because the plain language of the statute uses the term “petition,” and concerns 

people who are currently incarcerated, we interpret it by its plain meaning as a reference 

to a writ petition, similar to a petition for writ of habeas corpus (§ 1473). The following 

writ procedures are relevant to section 1170.18 petitions:

“To satisfy the initial burden of pleading adequate grounds for relief, an 

application for habeas corpus must be made by petition, and ‘[i]f the imprisonment is 

alleged to be illegal, the petition must also state in what the alleged illegality consists.’ 

[Citation.] The petition should both (i) state fully and with particularity the facts on 

which relief is sought [citations], as well as (ii) include copies of reasonably available 

documentary evidence supporting the claim, including pertinent portions of trial 

transcripts and affidavits or declarations. [Citations.] ‘Conclusory allegations made 

without any explanation of the basis for the allegations do not warrant relief, let alone 

an evidentiary hearing.’ [Citation.] . . . [A]s stated above, the burden is on the 

petitioner to establish grounds for his release.” (People v. Duvall (1995) 9 Cal.4th 464, 

474.)

A petitioner under section 1170.18 should attach documentary evidence to 

his/her petition. (Sherow, supra, 239 Cal.App.4th at p. 880; People v. Perkins (2016) 

244 Cal.App.4th 129, 137.) Similar to a writ of habeas corpus, if the section 1170.18 

petitioner fails to establish a prima facie case for relief, then the trial court will 

summarily deny the petition. If, however, the trial court finds the factual allegations, 

taken as true, establish a prima facie case for relief, then the trial court may schedule a 
9

hearing.3 (See People v. Duvall, supra, 9 Cal.4th at p. 475 [describing habeas corpus 

procedure].) 

In the instant case, as discussed ante, defendant failed to establish a prima facie 

case for relief, in that he provided no evidence to meet his burden of proof. As a result, 

there was no need for the trial court to provide defendant notice of a hearing because a 

hearing did not need to take place—defendant’s petition could be summarily denied due 

to the failure of establishing a prima facie case for relief. Accordingly, we conclude the 

trial court did not err.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

MILLER

Acting P. J.

We concur:

CODRINGTON

J.

SLOUGH

J.

 

3

 In this opinion, we do not address whether the hearing must be requested by 

defendant and whether the hearing is mandatory or discretionary.