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Name: People v. Gollardo
Case #: A146961
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 11/17/2017

Felony offense of forging and issuing a prescription for a narcotic drug (Health & Saf. Code, § 11368) is ineligible for reduction to a misdemeanor under Proposition 47. In June 2015, defendant presented a forged prescription for a bottle of codeine cough syrup to a Walgreen's pharmacist. Suspecting the prescription was fraudulent, the pharmacist recorded defendant's identifying information and contacted police. Defendant was arrested and charged with forging and issuing a prescription for a narcotic drug and burglary. Two strike priors were alleged. After the preliminary hearing he moved to reduce the prescription offense to a misdemeanor under Proposition 47…

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Name: People v. Roth
Case #: B271932
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 11/21/2017

Trial court did not violate double jeopardy by vacating its previous order granting defendant's Proposition 47 petition and reinstating his felony conviction for second degree burglary because a misdemeanor sentence was unauthorized. Roth pleaded guilty to second degree burglary (Pen. Code, § 459) based upon his entry into an individual storage locker located in a storage facility, with the intent to commit theft. The court imposed sentence, suspended execution, and granted probation. Roth subsequently violated probation but, before the violation hearing, he petitioned to reduce his felony to a misdemeanor under Proposition 47 (Pen. Code, § 1170.18). The prosecutor agreed.…

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Name: People v. Page
Case #: S230793
Court: CA Court of Appeal
District CalSup
Opinion Date: 11/30/2017

Proposition 47 applies to violations of Vehicle Code section 10851 based on vehicle theft (as opposed to driving a vehicle without the owner's consent) where the vehicle was worth $950 or less. Page was convicted of violating Vehicle Code section 10851, among other offenses. After the passage of Proposition 47, he petitioned the trial court to reduce his felony conviction to a misdemeanor. The trial court denied the petition and the Court of Appeal affirmed, concluding Proposition 47 did not affect the range of punishment under section 10851. The California Supreme Court granted review. Held: Affirmed without prejudice to…

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Name: People v. Warmington
Case #: C082556
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/17/2017

Embezzlement of property not exceeding $950 in value is considered "theft" under Penal Code section 490.2 and is eligible for Proposition 47 relief. While employed as a clerk at Walmart in 2002, Warmington stole a television, returned it for a gift card, and used the card to purchase other items. The value of these items was $851. He pleaded no contest to felony embezzlement (Pen. Code, § 503) and was placed on probation. In 2016, Warmington filed a Proposition 47 petition to redesignate his felony offense to a misdemeanor. The trial court denied the petition on the ground that embezzlement…

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Name: People v. Harris
Case #: D070711
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/06/2017

When a felony is reduced to a misdemeanor under Proposition 47, the state may retain an adult misdemeanant's previously collected DNA sample, taken incident to a felony arrest. In December 2013, Harris pleaded guilty to felony grand theft from the person (Pen. Code, § 487, subd. (c)). After the voters passed Proposition 47 in November 2014, Harris successfully petitioned to have her conviction reduced to a misdemeanor, but the court denied her request to expunge the DNA sample that police took when she was booked on her felony charge. She appealed the denial of expungement. Held: Affirmed. Proposition 47 reduced…

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Name: People v. Casillas
Case #: F071951
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/26/2017

A petitioner is disqualified from Proposition 47 relief if he has suffered a super strike conviction any time before the trial court rules on his or her reclassification petition, even if the disqualifying super strike conviction occurred after the felony for which the petitioner is seeking reclassification. Casillas was convicted of felony possession of a controlled substance in 2006. (Health & Saf. Code, § 11377, subd. (a).) In 2013, he was convicted of attempted murder (Pen. Code, §§ 187, subd. (a), 664) among other felonies. In 2015, Casillas filed a petition to reduce his 2006 felony drug conviction to a…

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Name: People v. Bloomfield
Case #: A148919
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 07/20/2017

Defendant not entitled to have convictions for access card forgery reduced to misdemeanors under Proposition 47. In 2014, defendant pleaded guilty to two felony counts of access card forgery (Pen. Code § 484f, subd. (a)) and other offenses. She later petitioned to have her forgery convictions reduced to misdemeanors under Proposition 47. The trial court denied relief, and defendant appealed. Held: Affirmed. Prior to the passage of Proposition 47, all forgery offenses were "wobblers," meaning they could be punished as felonies or misdemeanors. Penal Code section 470, subdivision (d), the general forgery statute, lists over 50 different types of instruments…

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Name: People v. Valencia
Case #: S223825
Court: CA Supreme Court
District CalSup
Opinion Date: 07/03/2017

Proposition 47's definition of "unreasonable risk of danger to public safety" does not apply to resentencing petitions filed under Proposition 36. Valencia was given a Three Strikes life sentence for his 2009 conviction of corporal injury to a spouse. Following the passage of the Three Strikes Reform Act in 2012, he petitioned for resentencing, but the trial court found he posed an unreasonable risk of danger to public safety. On appeal Valencia argued that Proposition 47's narrow definition of "unreasonable risk of danger" applies in a Proposition 36 resentencing. The California Supreme Court granted review after his sentence was affirmed.…

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Name: People v. Zamora
Case #: F071737
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/12/2017

Defendant's prior juvenile adjudication for sexual battery did not disqualify him from obtaining Proposition 47 relief. Zamora pleaded no contest to felony drug possession (Health & Saf. Code, § 11377, subd. (a)). While on probation, the court denied Zamora's request to reduce the offense to a misdemeanor under Proposition 47, finding Zamora ineligible for Proposition 47 relief based on a prior juvenile adjudication for sexual battery (Pen. Code, § 243.4). Zamora appealed. Held: Reversed. Proposition 47 reduced certain drug felonies to misdemeanors for qualified offenders and provided a procedural mechanism to seek reclassification of felonies to misdemeanors (Pen. Code, §…

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Name: People v. Fernandez
Case #: F071338
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/19/2017

Trial court erred by finding defendant's juvenile adjudication rendered him ineligible for Proposition 47 relief without considering whether the conditions set forth in Penal Code section 667, subdivision (d)(3) were satisfied. Fernandez filed Proposition 47 petitions to have two felony convictions reduced to misdemeanors. The court denied the petitions, reasoning that Fernandez was ineligible due to a juvenile adjudication for a violation of section 288, subdivision (b)(1) and a violation of section 288. Fernandez appealed. Held: Reversed and remanded. Individuals are ineligible for Proposition 47 relief if they have a prior conviction for an offense listed in section 667,…

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