People v. Bradshaw
Annotate this CaseDefendant was convicted of felony drug possession and admitted to probation. While his appeal was pending, voters enact Proposition 47, The Safe Neighborhoods and Schools Act, Penal Code section 1170.18. At issue is whether defendant is entitled to have the appellate court remand the case for resentencing under the Act. The court held that defendant is not, because defendant must utilize the specific procedure specified by section 1170.18. Because the case must be returned to the trial court for determination with respect to Proposition 36 probation, however, the court found it preferable and appropriate to deem defendant to have petitioned under section 1170.18, subdivision (a) or applied under section 1170.18, subdivision (f) - whichever is applicable - and to direct the trial court to proceed as specified in that statute upon remand. Upon resolution of the section 1170.18 issue, the trial court should then make whatever determinations and rulings may be required with respect to Proposition 36 probation. Such a disposition most efficiently uses scarce judicial resources while not prejudicing the rights of either party.
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