People v. Bastidas
Annotate this CaseDefendant was charged with possession of cocaine base for sale (Health & Saf. Code, 11351.5) and possession of heroin for sale (section 11351). In 2013,he entered a plea of no contest to possession of a controlled substance (Health & Saf. Code 11350,(b))as a lesser included offense to count two; count one was dismissed. Imposition of sentence was suspended and he was placed on probation for five years. In 2015, the District Attorney filed a petition to revoke probation following defendant‘s arrest for possession of controlled substances. Defendant requested that the court reduce the level of the underlying conviction from a felony to a misdemeanor under Proposition 47, the Safe Neighborhoods and Schools Act, enacted in 2014, reducing certain offenses that could be charged as either felonies or misdemeanors to misdemeanors. Under Penal Code 1170.18(a), resentenced individuals are still subject to a ban on possessing a firearm. To avoid the restriction on firearm possession, defendant argued he was not “currently serving a sentence.” The trial court rejected that contention but reduced defendant‘s conviction to a misdemeanor and terminated probation. The court of appeal affirmed, rejecting his argument that defendant should be free from the prohibition on firearms possession.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.