California v. Johnston
Annotate this CaseIn 2003, defendant Tony Johnston entered guilty pleas to unlawful possession of a firearm (case No. F2763), and to first degree burglary, unlawfully taking or driving a vehicle, and arson of a vehicle (case No. F2825). The trial court sentenced him to state prison for over six years in the two matters. In 2011, defendant entered guilty pleas to possessing methamphetamine and receiving stolen property (case No. 11F5155). The trial court sentenced him to a two-year state prison term. In May 2015, defendant filed a petition in propria persona to reduce these felony convictions to misdemeanors (as well as a 1999 receiving stolen property conviction not pertinent to this appeal). He asked the trial court to “broadly and liberally” construe Penal Code section 1170.18 to apply to all of these offenses, even if they did not all “fi[t] squarely into [the] mold set forth in this act.” The prosecution opposed reduction of the 2003 convictions because they were not eligible offenses. It did not object to reduction of the 2011 methamphetamine conviction, but stated the value of the property at issue in the other 2011 conviction was a vehicle worth more than $950. The trial court denied relief for the facially ineligible offenses, reduced the methamphetamine conviction to a misdemeanor, and after holding a hearing (at which defendant appeared through counsel) denied relief on the other 2011 conviction because it involved property valued at more than $950. Defendant appealed the adverse rulings. Finding no reversible error in the trial court's judgment, the Court of Appeal affirmed.
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