People v. Valenzuela

Summary

The court held that reducing defendant's felony grand theft conviction to misdemeanor petty theft under Proposition 47 eliminated the felonious criminal conduct element of his related street terrorism conviction. Because the reduction occurred during a full resentencing, the court could not lawfully continue to impose sentence on the street terrorism conviction and was required to dismiss it. The judgment was reversed and the matter remanded for further proceedings consistent with the opinion.