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Name: People v. Lopez
Case #: H040726
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 06/29/2015
Subsequent History: Review granted 10/14/2015: S228372

A defendant's eligibility for Proposition 47 resentencing should be addressed to the trial court in the first instance, not to the Court of Appeal. Lopez was charged with drug offenses in two different cases; the only felonies alleged were possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). He pled no contest and admitted all allegations, which included a strike prior (a Pen. Code, § 288, subd. (b)(1) offense). His Romero request to strike his serious felony prior was denied and he was sentenced to prison. On appeal, Lopez requested that the court reverse the judgments and remand…

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Name: People v. Awad
Case #: G050579
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/29/2015

When read in conjunction with Proposition 47, Penal Code section 1260 authorizes the Court of Appeal to stay an appeal and grant a limited remand to the trial court to hold a Penal Code section 1170.18 resentencing hearing. A jury convicted Awad of multiple counts of forgery and grand theft and he appealed. While his appeal was pending, voters passed Proposition 47, which reduced certain felonies to misdemeanors for qualified defendants, in November 2014. Awad petitioned for resentencing on one of his forgery counts. The trial court found it lacked jurisdiction to hear the petition while Awad's appeal was pending.…

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Name: People v. DeHoyos
Case #: D065961
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/30/2015
Subsequent History: Review granted 9/30/2015: S228230

A defendant currently serving a sentence for an offense listed in Proposition 47 whose case was not final when Proposition 47 was enacted is not entitled to automatic reduction of felony conviction to a misdemeanor on appeal. DeHoyos was convicted of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), a felony, and granted probation. She appealed. While her appeal was pending, voters passed Proposition 47, which in part amended section 11377 to reduce the offense to a misdemeanor for qualified defendants. Proposition 47 also created a new sentencing procedure whereby a person "currently serving" a felony sentence…

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Name: People v. Morales
Case #: G051142
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/26/2015
Subsequent History: Review granted 8/26/2015: S228030

A Proposition 47 petitioner who has completed a prison term but is still on postrelease community supervision (PRCS) is still "serving a sentence" such that the trial court may impose parole during resentencing. In March 2014, Morales pled guilty to felony possession of drugs and was sentenced to 16 months in state prison. In August 2014, he was released to PRCS for three years. After Proposition 47 passed in November 2014, he petitioned to have his felony conviction reclassified as a misdemeanor. The trial court granted his petition, and imposed one year of parole. Morales appealed, claiming the trial court…

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Name: People v. Hickman
Case #: B260928
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/17/2015
Subsequent History: Review granted 8/26/2015: S227964

Following a Proposition 47 resentencing, a trial court may, in its discretion, order one year of supervised parole without consideration of presentence custody credits. In 2007, Hickman pled guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) with three prison priors (Pen. Code, § 667.5, subd. (b)) and was granted probation. His probation was revoked in 2012 and he served two years in prison. After he was released on parole, Hickman filed a Proposition 47 petition to reduce his possession of methamphetamine conviction from a felony to a misdemeanor. The superior court granted his petition, resentenced…

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Name: People v. Contreras
Case #: H040903
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 06/16/2015

Probation condition requiring defendant to stay away from a retail store he burglarized in the past is not unreasonable, vague, or overbroad. Contreras pled no contest to felony second degree commercial burglary (Pen. Code, §§ 459, 461) for stealing seven pairs of jeans from Sears and to felony possession of heroin (Health & Saf. Code, § 11350). At the time of the offenses, he was on misdemeanor probation for two prior burglaries, one for burglarizing a Kohl's. The court suspended imposition of sentence and granted three years of formal probation with various conditions. One condition required that he stay…

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Name: T.W. v. Superior Court
Case #: A144528
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/06/2015

Petitioner whose sentence resulted from a plea bargain was entitled to petition for resentencing under Proposition 47. T.W. was first made a ward of the juvenile court in July 2010. A supplemental petition was filed in July 2013, alleging felony violations of Penal Code section 211 (robbery) and section 496 (receiving stolen property). The minor admitted the receiving stolen property offense, and the robbery was dismissed. The case was then transferred to Contra Costa County (T.W.'s legal residence) for disposition. In November 2014, T.W. filed a petition for modification (Welf. & Inst. Code, § 778) based on Proposition 47. The…

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Name: People v. Lopez
Case #: H039896
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/01/2015
Subsequent History: Review granted 7/15/2015: S227028

Third strike offender seeking resentencing under the Three Strikes Reform Act (Prop. 36; Pen. Code, § 1170.126) does not have the right to a jury trial on the issue of whether he poses an unreasonable risk of danger to public safety if resentenced. Lopez was sentenced to 25 years to life under the Three Strikes law for possession of methamphetamine for sale (Health & Saf. Code, § 11378). He filed a petition seeking resentencing under Proposition 36, but the trial court denied it after finding that Lopez would pose an unreasonable risk of danger to public safety. Lopez appealed on…

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Name: People v. Guzman
Case #: G049135
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/02/2015

Proposition 47’s definition of "unreasonable risk of danger to public safety" in Penal Code section 1170.18, subdivision (c) does not apply to Proposition 36 resentencing petitions. In 2006 appellant was given a 25-years-to-life three strikes sentence upon his conviction for receiving stolen property with five strike priors. After passage of the Three Strikes Reform Act (Prop. 36) in 2012, Guzman filed a resentencing petition. The trial court denied the petition, finding Guzman's release would pose an unreasonable risk of danger to public safety. He appealed. Held: Affirmed. Proposition 36 requires a trial court to resentence an otherwise qualified third strike…

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Name: People v. Sledge
Case #: G048814
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/13/2015
Subsequent History: Review granted 7/8/2015: S226449

Trial court did not abuse its discretion by finding a third strike inmate would pose an unreasonable risk of danger to public safety if resentenced under the Three Strikes Reform Act (Pen. Code, § 1170.126; Prop. 36). In 1999, Sledge was sentenced to 25 years to life under the Three Strikes law (Pen. Code, §§ 667, 1170.12). He had been convicted of check forgery (Pen. Code, § 470, subd. (a)), possession of a fictitious instrument (Pen. Code, § 476), and second degree burglary (Pen. Code, §§ 459, 460, subd. (b)). After passage of the Reform Act, he petitioned for resentencing.…

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