People v. Curry
Annotate this CaseDefendant, an Almeda County resident, pled no contest to second-degree burglary; a felony charge of petty theft with a prior, was dismissed. The court admitted defendant to three years probation with a condition that she spend 60 days in the Napa County jail. The Napa probation officer advised the court that because of a felony conviction, defendant was on Post Release Community Supervision in Alameda County, set to expire in January 2015. The court granted a transfer motion. Alameda County accepted the transfer in March 2013. In July 2015, eight months after passage of Proposition 47, on the day that Alameda County summarily revoked her probation, defendant filed a petition to have her Napa burglary conviction reduced to a misdemeanor. The Alameda court denied it, stating that defendant had to seek relief in Napa County because that was where she received the sentence she was petitioning to have reduced. The court of appeal affirmed, noting the plain language: a “petition for a recall of sentence” by a probationer, or a former probationer, is to be filed with the “trial court that entered the judgment of conviction,” Pen. Code 1170.18(a),(f)1. The court stated that defendant sought the benefit of Proposition 47 "without complying with any of its burdens.”
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