People v. Garcia
Annotate this CaseDefendant was charged with felony possession of methamphetamine(Health and Safety Code 11377(a). In 2013, the court suspended imposition of sentence and placed her on felony probation for three years, with 60 days in jail. In 2015, defendant sought resentencing under section 1170.18(a), asserting eligibility for reduction of her conviction to a misdemeanor. The district attorney argued that the statute did not apply because she “has not been sentenced.” The court denied the petition. The court of appeal reversed. Section 1170.18, derived from Proposition 47, provides: “A person currently serving a sentence for a conviction ... of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section … had this act been in effect at the time of the offense may petition for a recall of sentence … to request resentencing.” Proposition 47 was intended to reach those with “nonserious, nonviolent crimes like . . . drug possession,” which would encompass many who were granted probation. To deprive those defendants of the benefit of the reduced penalty for their offenses would create an incongruity the voters would not have either anticipated or approved.
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