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Name: People v. Curry
Case #: A145922
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/28/2016

Proposition 47 petition to reduce felony to misdemeanor must be filed in the trial court that entered the judgment. In 2012, Curry pleaded no contest to second degree burglary in Napa County Superior Court and was placed on probation. At the time, Curry was on Postrelease Community Supervision (PRCS) in Alameda County, where she resided. On the probation officer’s recommendation, the Napa court transferred Curry’s probation supervision to Alameda County (Pen. Code, § 1203.9). On July 2, 2015, Curry’s probation was revoked. At that time, she moved the Alameda court to reduce her Napa County burglary to a misdemeanor under Proposition 47. The Alameda Court denied the petition, finding Curry should file it in Napa County. She appealed. Held: Affirmed. Proposition 47 specified a number of theft-related offenses that would be reclassified as misdemeanors unless committed by defendants with disqualifying priors. It established a procedure whereby defendants could petition to have a felony conviction reduced to a misdemeanor (Pen. Code, § 1170.18, subd. (a)). The resentencing petition must be presented to the court that entered the judgment of conviction (Pen. Code, § 1170.18, subds. (a) & (f)). This has the purpose of having the petition decided by the judge with a presumed knowledge of the circumstances of the case. The fact that the case was transferred from Napa to Alameda County does not change the analysis. Penal Code section 1203.9 provides that, subject to certain exceptions, once a probation case is transferred “[i]n all other aspects, . . . the court of the receiving county shall have full jurisdiction over the matter upon transfer.” However, Proposition 47 should be construed to effectuate its purpose, “not to conform to the unwritten intent to except section 1203.9 from its operation.” Curry must file her petition in Napa County.

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