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Name: People v. Sherow
Case #: D067605
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/11/2015

A person seeking to have felony second degree burglary convictions reduced to misdemeanor shoplifting (Pen. Code, § 459.5) under Proposition 47 has the burden to show the property loss in each count did not exceed $950. Sherow was convicted of multiple counts of second degree burglary, a strike prior, and enhancements. He was originally sentenced to 19 years, 4 months in prison. In November 2014, Sherow filed a petition for resentencing on five of the burglary counts pursuant to Proposition 47. The prosecutor opposed the request, contending that the losses exceeded $950. Relief was denied and Sherow appealed the decision…

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Name: People v. Segura
Case #: G051280
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/05/2015

Proposition 47 does not authorize the trial court to reduce felony conspiracy conviction to a misdemeanor even if the offense the defendant conspired to commit was reduced to a misdemeanor. Segura and two codefendants planned and executed a theft at a 7-Eleven. Segura pled guilty to second degree burglary (Pen. Code, §§ 459, 460, subd. (b)) and conspiracy to commit theft (Pen. Code, §§ 182, subd. (a)(1), 484, subd. (a), 488), which were both felonies at the time. After Proposition 47 passed, he petitioned to have both convictions reduced to misdemeanors. The trial court granted the petition with respect to…

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Name: People v. Delapena
Case #: H041363
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/30/2015
Subsequent History: Review granted 10/28/2015: S229010

Appellate court was not required to reduce appellant's felony drug possession offense to a misdemeanor because Proposition 47 is not retroactive. Delapena pled no contest to felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) after his motion to suppress evidence was denied. On appeal, he asked that his conviction be reduced to a misdemeanor pursuant to Proposition 47. Respondent countered that Proposition 47 is not retroactive, and that Delapena had to file a petition for reduction of his sentence in the trial court. Held: Reduction denied. The statutes amended by Proposition 47 include Health and Safety…

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Name: People v. Eandi
Case #: C078257
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/19/2015
Subsequent History: Review granted 11/18/2015: S229305

Trial court was not authorized to amend charge of failure to appear (FTA) on a pending felony charge to FTA on a pending misdemeanor charge where the underlying felony was reduced to a misdemeanor under Proposition 47. In November 2014, Eandi was charged with failing to appear in August 2014 on a felony drug possession charge. She pled guilty in exchange for dismissal of an on bail enhancement and the underlying drug charge. By the time Eandi's drug charge was dismissed, it had been reduced to a misdemeanor by operation of Proposition 47. At sentencing, the trial court concluded it…

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Name: Alejandro N. v. Superior Court
Case #: D067445
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/23/2015

Minor was entitled to have his juvenile adjudication redesignated as a misdemeanor, in addition to having his maximum term of confinement reduced. Alejandro admitted committing felony commercial burglary. The juvenile court adjudged him a ward and ordered him confined for a maximum period of three years. After Proposition 47 passed, Alejandro filed a petition arguing his commercial burglary offense was now a misdemeanor shoplifting offense with a maximum confinement of six months, which he had already served. Alejandro requested that he be released from custody and that his offense be reclassified as a misdemeanor. The superior court ruled that Alejandro's…

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Name: People v. Pinon
Case #: G051212
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/23/2015
Subsequent History: Review granted 11/18/2015: S229632

When resentencing a defendant under Proposition 47 (Pen. Code, § 1170.18), the trial may not impose a parole term that exceeds the scheduled end date of the defendant's post release community supervision (PRCS). In 2011, Pinon pled guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and possession of drug paraphernalia (Health & Saf. Code, § 11364). He was sentenced to 16 months in prison. After his release from prison, Pinon was placed on PRCS that was set to expire in April 2015. Thereafter, the voters passed Proposition 47 and, in December 2014, Pinon filed a…

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Name: People v. Diaz
Case #: B255951
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/28/2015

In a case where a defendant has not filed a Proposition 47 petition to designate a prior felony conviction as a misdemeanor, Court of Appeal will not strike prior prison term enhancement based on that prior offense. Diaz was convicted of being a felon in possession (Pen. Code, § 29800, subd. (a)(1)). He also admitted a prior strike and two prior prison terms (Pen. Code, § 667.5, subd. (b)). One of the prior prison terms was for a 2009 conviction for petty theft with a prior (Pen. Code, § 666). While his appeal was pending, the voters enacted Proposition…

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Name: People v. McCoy
Case #: B260449
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/12/2015
Subsequent History: Review granted 10/14/2015: S229296

Defendant resentenced to a misdemeanor under Proposition 47 cannot use excess custody credits to reduce his one year Proposition 47 parole term. McCoy pled guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted six prior prison terms (Pen. Code, § 667.5, subd. (b)). After repeated probation violations, the court revoked McCoy's probation and sentenced him to four years in prison. After voters passed Proposition 47, McCoy successfully petitioned to have his felony possession of methamphetamine conviction reduced to a misdemeanor and was sentenced to one year in jail with credit for time served. The…

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Name: People v. Perez
Case #: C078169
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/31/2015
Subsequent History: Review granted 11/18/2015: S229046

Proposition 47 reduction of felony drug offense to misdemeanor does not require reduction of felony failure to appear (FTA) conviction because the severity of an FTA is not lessened by the outcome of the underlying charge. Perez was convicted of a felony drug offense, and an FTA for that offense. In 2014, his conviction was final. Following the passage of Proposition 47, Perez petitioned to have his felonies reduced to misdemeanors. He reasoned that if the drug charge is reduced to a misdemeanor "for all purposes" (Pen. Code, § 1170.18, subd. (k)), the FTA for failing to appear on that…

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Name: People v. Shabazz
Case #: B255297
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 06/01/2015

In enacting Proposition 47, the voters expressly intended that qualified defendants file a petition or application in the superior court seeking to reduce certain felonies to misdemeanors; the Court of Appeal is not permitted to reduce a conviction. Shabazz was convicted of possessing methamphetamine and receiving stolen property. He completed his sentence for his convictions. While his appeal was pending, Proposition 47 was passed. Shabazz asked the Court of Appeal to reduce his qualified convictions to misdemeanors. Held: Affirmed. Proposition 47 made certain drug and theft felonies misdemeanors, including the offenses for which Shabazz was convicted. The voters enacted procedures…

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