People v. Walker
Annotate this CaseDefendant challenged the orders denying his petition for resentencing/application to redesignate his 1988 and 1989 felony convictions for possession of a controlled substance as misdemeanors pursuant to Proposition 47, the Safe Neighborhoods and Schools Act, Pen. Code, 1170.18, subds. (a)–(i). The trial court denied the petition because it found that defendant is ineligible for Proposition 47 relief due to a disqualifying 1992 conviction for first degree murder. The court found no merit to defendant's contention that he was eligible for Proposition 47 relief because his murder conviction occurred after the drug possession convictions, and thus the trial court erroneously denied his petition to reclassify his felony convictions as misdemeanors. The court concluded that within the context of Proposition 47, a prior disqualifying conviction is a super strike conviction suffered any time before the court’s ruling on an application to have a felony conviction reclassified as a misdemeanor. Accordingly, the court affirmed the judgment.
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