Skip to content
Name: People v. Sledge
Case #: G052780
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/25/2017

Certain felony juvenile adjudications are disqualifying priors for purposes of Proposition 47. Sledge was serving a Three Strikes life sentence for nonserious/nonviolent theft-related offenses committed in 1998. His Three Strikes Reform Act petition for resentencing was denied after the trial court found that he posed an unreasonable risk of danger to public safety. After the passage of Proposition 47, Sledge petitioned to reduce his offenses to misdemeanors. The trial court found him ineligible for relief based on a 1980 forcible rape juvenile adjudication. He appealed. Held: Affirmed. The provisions of Proposition 47 do not apply to persons who have one…

View Full Summary
Name: People v. Brown
Case #: A147671
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 01/27/2017

Defendant's entry into a pharmacy with the intent to obtain drugs by using a forged prescription is not misdemeanor shoplifting. Brown pleaded guilty to second degree burglary (Pen. Code, § 459) for her 2013 entry into a pharmacy with the intent to obtain drugs by using a forged prescription. After Proposition 47 passed, her petition to reduce the felony to a misdemeanor was denied and she appealed. Held: Affirmed. Proposition 47 added section 459.5 to the Penal Code; the misdemeanor offense of shoplifting. Shoplifting is defined as entering a commercial establishment with the intent to commit larceny while that establishment…

View Full Summary
Name: In re Diaz
Case #: B269048
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 02/15/2017

In habeas proceedings, trial court erred by striking prior prison term enhancement where the prior felony underlying the enhancement was reduced to a misdemeanor under Proposition 47 after the sentencing enhancement was imposed. Following a jury trial, petitioner Diaz was sentenced to six years in prison, including one year for a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)) based on a 2009 conviction for petty theft with a prior. After his direct appeal in the case, his 2009 offense was redesignated as a misdemeanor under Proposition 47 (Pen. Code, § 1170.18). Diaz filed a habeas petition seeking…

View Full Summary
Name: People v. Lowery
Case #: H042551
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/10/2017

The dollar amount written on a check is not necessarily the "value" of the instrument for Proposition 47 purposes. In 2009, Lowery tried to cash a stolen, forged check in the amount of $1,047.85. The cashier determined the check was forged and refused to cash it. Lowery pleaded guilty to possession of a fictitious check (Pen. Code, § 476). In 2015 he petitioned to reduce the felony to a misdemeanor pursuant to Proposition 47. The trial court denied the petition because the amount for which the check was written exceeded $950. Lowery appealed. Held: Reversed. Proposition 47 established a procedure…

View Full Summary
Name: People v. Bastidas
Case #: A146431
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 01/13/2017

Probationer is "serving a sentence" for purposes of Proposition 47 and is therefore subject to its resentencing provisions, including the firearms ban. Bastidas pleaded guilty to felony possession of a controlled substance. The trial court suspended imposition of sentence and placed him on probation. During probation revocation proceedings, Bastidas requested that his conviction be reduced to a misdemeanor based on Proposition 47, which was enacted after he was placed on probation. To avoid the lifetime firearm ban (see Pen. Code, § 1170.18, subd. (k)), Bastidas argued he was not "currently serving a sentence" under section 1170.18, and that he…

View Full Summary
Name: People v. Goodrich
Case #: D069515
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/17/2017

Mentally disordered offender (MDO) who had his commitment offense reduced from a felony to a misdemeanor pursuant to Proposition 47 before recommitment is not entitled to dismissal of the recommitment petition. Before Goodrich's MDO recommitment hearing, he had his commitment offense, grand theft person, reduced to a misdemeanor pursuant to Proposition 47. He moved to dismiss the recommitment petition on the basis that his commitment offense was no longer a felony. The trial court denied the motion and he was recommitted. He appealed. Held: Affirmed. To be committed as an MDO under Penal Code section 2962, there are six requirements,…

View Full Summary
Name: People v. Johnson
Case #: F071140
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/02/2017

Trial court did not err by refusing to strike a prison prior enhancement (Pen. Code, § 667.5, subd. (b)) even though the felony underlying it was reduced to a misdemeanor "for all purposes" under Proposition 47 after sentencing. Johnson's 2014 sentence included a one-year prison prior enhancement based on a 2010 conviction for three counts of felony second degree commercial burglary. After Proposition 47 passed, Johnson requested that the felony conviction underlying the enhancement be reduced to a misdemeanor. Johnson's motion to recall his sentence and strike the enhancement was denied. He appealed. Held: Affirmed. Proposition 47 provides that once…

View Full Summary
Name: In re Mallard
Case #: D071345
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/27/2017

Fifteen percent limit on conduct credits applies to violent offender's entire sentence, including term for a felony reclassified as a misdemeanor under Proposition 47. Defendant pleaded guilty to possession of marijuana and was placed on probation. While on probation, he was convicted of carjacking. He was sentenced to three years in prison for the carjacking and, on the same day, his probation was revoked and the trial court imposed a consecutive eight-month term for the marijuana conviction. Defendant's marijuana offense was later reclassified as a misdemeanor under Proposition 47 and he was resentenced to a consecutive 240-day misdemeanor term for…

View Full Summary
Name: People v. Gonzales
Case #: C078960
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/19/2016

A conviction for identity theft must be transactionally related to forgery conviction in order to exclude defendant from Proposition 47 relief under Penal Code section 473, subdivision (b). Defendant pleaded no contest to forgery and fraud offenses (which included violations of Pen. Code, §§ 470, subd. (d), 475, subd. (b), 476) committed in 2003 and 2005, and to one count of identity theft (Pen. Code, § 530.5) from a 2006 case. The trial court consolidated the cases and sentenced defendant in the same proceeding on all charges. After the passage of Proposition 47, defendant petitioned for relief to have his…

View Full Summary
Name: People v. Kindall
Case #: C078996
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/22/2016

It is error to impose a one-year prison prior enhancement (Pen. Code, § 667.5, subd. (b)) when the felony conviction underlying it was reduced to a misdemeanor pursuant to Proposition 47 (Pen. Code, § 1170.18) before the enhancement was found true. A jury convicted Kindall of battery and other offenses. Before a court trial on three alleged prison prior enhancements, he had the felony convictions underlying those enhancements reduced to misdemeanors pursuant to Proposition 47. However, the trial court still found the prior prison term allegations true and increased Kindall's sentence based on the prison priors. Kindall appealed. Held:…

View Full Summary