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Name: People v. Hall
Case #: B292330
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/10/2019

Reliable hearsay evidence contained in arrest and probation reports is admissible to determine eligibility for Proposition 64 relief. In 1996, Hall pleaded no contest to felony sale and transportation of marijuana. After the electorate passed Proposition 64 in 2016, which reduced or eliminated penalties for marijuana offenses, Hall sought to have his conviction either dismissed or reduced to an infraction. The trial court admitted into evidence the arrest and probation reports, which referenced a large quantity of marijuana, scales, and baggies in Hall's possession at the time of his arrest. The trial court denied Hall's requested Proposition 64 relief and…

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Name: People v. Boatwright
Case #: A153352
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 06/25/2019

Even though the crime of accessory is not specifically listed in Proposition 64, defendant convicted of felony accessory to marijuana-related offenses was not categorically ineligible for resentencing. As part of a negotiated plea, Boatwright pleaded guilty to felony accessory after he was found at a home with a large amount of marijuana and told officers he was helping a friend package the marijuana. He was placed on probation. After his third probation violation, he petitioned for a reduction in his sentence under recently enacted Proposition 64. The trial court denied the petition because accessory is not specifically enumerated in Proposition…

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Name: People v. Perry
Case #: A153649
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 03/01/2019

Proposition 64, legalizing possession of up to 28.5 grams of marijuana by adults, did not decriminalize possession of marijuana in prison. In 2010, Perry was convicted of unauthorized possession of marijuana in prison under Penal Code section 4573.6. (See also former Health & Saf. Code, § 11357 [possession of not more than 28.5 grams of marijuana is a misdemeanor].) In 2016, Proposition 64 legalized possession of not more than 28.5 grams of marijuana by persons 21 years of age or older, with certain limitations. (Health & Saf. Code, § 11362.1.) It provided that a person previously convicted of…

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Name: People v. Laird
Case #: D072642
Court: CA Supreme Court
District 4 DCA
Division: 1
Opinion Date: 08/30/2018

Proposition 64 does not require a defendant's DNA to be expunged from the state's database where defendant was initially charged with a felony. Laird was arrested for felony marijuana charges in May 2014, at which time he provided his DNA by buccal swab. He pleaded guilty to one felony count for possessing not more than eight ounces of concentrated cannabis (Health & Saf. Code, § 11357, subd. (a)). While on probation, Laird filed a petition for reduction of his offense to a misdemeanor pursuant to Proposition 47, and the court granted the petition. In March 2017, Laird filed a petition…

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Name: People v. Banda
Case #: B284725
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 08/20/2018

Trial court's denial of a petition to dismiss a marijuana cultivation conviction reversed where prosecution failed to present any admissible evidence that defendant was not eligible for relief. After the passage of Proposition 64, Banda petitioned to dismiss his conviction for marijuana cultivation (Health & Saf. Code, § 11358). In opposition, the prosecution used the probation report (over objection), to show he was ineligible for relief because of the number of plants under cultivation. His conviction was reduced to a misdemeanor, but not dismissed. He appealed. Held: Reversed. In November 2016, the voters passed Proposition 64 which legalizes and…

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Name: People v. Smit
Case #: G055311
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/15/2018

Defendant who was convicted of "super strike" offenses and felony possession of marijuana for sale in the same case was still eligible for Proposition 64 relief on the marijuana count. Smit was convicted of several super strike felonies and felony possession of marijuana for sale (Health and Saf. Code, § 11359), and the judgment was affirmed on appeal. Following the passage of Proposition 64 in 2016, Smit filed a petition to have the possession of marijuana for sale conviction reduced to a misdemeanor (Health and Saf. Code, § 11361.8). The trial court denied the petition, finding Smit ineligible…

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Name: People v. Medina
Case #: B284236
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 05/31/2018

Defendant's felony conviction for conspiracy to possess marijuana for sale was not eligible for reduction to a misdemeanor under Proposition 64. In 2015, Medina pleaded guilty to felony conspiracy to commit a crime (Pen. Code, § 182, subd. (a)). The target offense was possession of marijuana for sale (Health & Saf. Code, § 11359). After the passage of Proposition 64 in 2016, Medina filed a motion in the trial court to reduce his conviction to a misdemeanor under Penal Code section 17, subdivision (b)(3), and newly enacted Health and Safety Code, section 11361.8, subdivision (e). The…

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