California v. MarksAnnotate this Case
Defendant Christopher Marks appealed an order denying his petition for recall and reduction of sentence under Penal Code section 1170.18 and Proposition 47. Defendant contended that his prior convictions for violation of Health and Safety Code section 11350 were eligible for resentencing, and the Court of Appeal should construe his petition as requesting such relief. After review of defendant's arguments on appeal, the Court found that the relief defendant sought was not resentencing for his former convictions, but reclassification of those convictions as misdemeanors. Section 1170.18 provided no procedure for reclassifying prior offenses through a petition for resentencing on a current conviction. Rather, as to the prior offenses, defendant was required to file a petition under section 1170.18, subdivision (f), in the court in which he suffered those convictions. The complaint here showed shows that defendant was convicted of his Health and Safety Code section 11350 offenses in the County of Los Angeles in 1988, 1997, and 1998. Thus, to have those offenses redesignated as misdemeanors, defendant was required to file his petition “before the trial court that entered the judgment of conviction,” the Superior Court for Los Angeles County. Finding, therefore, no reversible error in the denial of his petition for recall and reduction of sentence, the Court of Appeal affirmed.