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Name: People v. Zamarippa
Case #: B266850
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/01/2016

Proposition 47 relief is not available where defendant was convicted of a “super strike” offense prior to filing a Proposition 47 petition, even though the “super strike” prior was committed after the offense for which defendant seeks relief. In August 2015, defendant filed a Proposition 47 petition to reclassify his 1999 felony drug conviction to a misdemeanor. The court denied relief, finding his January 2015 conviction for kidnapping for robbery rendered him ineligible for reclassification. He appealed, claiming that the “super strike” occurred after the drug offense and he was therefore eligible for relief. Held: Affirmed. Proposition 47, enacted by the voters in 2014, reduced certain drug and theft felonies/wobblers to misdemeanors. It also added Penal Code section 1170.18, which provides a procedure whereby qualified defendants may seek to have felonies reduced to misdemeanors. Subdivision (i) of section 1170.18 expressly disqualifies certain offenders who have one or more “super strike” priors (Pen. Code, § 667, subdivision (e)(2)(C)(iv)), or who have a prior conviction for an offense requiring sex offender registration, from resentencing and reclassification. These “super strikes” include kidnapping for robbery. “Prior conviction” for purposes of ineligibility for relief means a disqualifying conviction that occurred prior to the Proposition 47 petition. “Nothing in section 1170.18, subdivision (i) limits its application to time periods prior to the commission of the offense for which reclassification is sought.”

The full opinion is available on the court’s website here: