People v. Lopez
Annotate this CaseLopez was charged with felony possession of methamphetamine; being under the influence of methamphetamine, a misdemeanor; possession of drug paraphernalia, a misdemeanor; and possession of less than 28.5 grams of marijuana, an infraction. A subsequent information charged him with felony possession of methamphetamine; being under the influence of methamphetamine with three prior convictions for the same offense, a misdemeanor; and possession of drug paraphernalia, a misdemeanor. The prosecutor alleged that Lopez had a prior conviction for lewd and lascivious acts with a child under 14 years old and a prior prison term for possessing a controlled substance. Lopez pleaded no contest and admitted all allegations. He was sentenced to 32 months in prison with a concurrent term of one year in the second case. Months later, the voters approved Proposition 47, which requires a misdemeanor sentence instead of a felony sentence for certain drug possession offenses and for the crimes of petty theft, receiving stolen property, and forging/writing bad checks, when the amount involved is $950 or less; allows a felony sentence for specified crimes if a defendant has a certain prior conviction; and requires resentencing for defendants serving felony sentences unless the trial court finds an unreasonable risk to public safety. The court of appeals declined to reverse.
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