What is the test for determining whether the trial court erred in denying a petition to reduce a felony conviction for auto burglary to theft under section 490.2?

California, United States of America


The following excerpt is from People v. Fukumoto, G056567 (Cal. App. 2019):

Pursuant to Anders v. California (1967) 386 U.S. 738, 744, and to assist us in conducting our independent review, counsel suggests we consider "whether the trial court erred in denying his Proposition 47 petition to reduce his felony conviction for auto burglary to theft under section 490.2." We have considered the issue and conclude it is not reasonably arguable.

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