People v. BoatwrightAnnotate this Case
In 2013, officers executed a search warrant for a Ukiah residence and seized 107 pounds of marijuana, four grams of methamphetamine, drug paraphernalia, a vacuum-sealing device, and 60 pounds of marijuana shake. Defendant, walking from the front door of the house, was detained. He told officers he was helping a friend package the marijuana. He was charged with possession of marijuana for sale and cultivation of marijuana. Both crimes were then classified as felonies. The information also charged two prior prison term enhancements. Defendant pleaded guilty to a single felony count of accessory (Pen. Code, section 32); the court dismissed the remaining charges. The court suspended imposition of sentence and placed him on three years’ formal probation. Between August 2015 and December 2016, defendant’s probation was revoked twice. After a third probation violation, the court found that defendant was not specifically covered under the recently-enacted Proposition 64, which reduced or eliminated criminal penalties for marijuana-related offenses and established a petitioning process for individuals to seek a reduction in sentence based on such changes. The court permanently revoked probation and sentenced defendant to two years. The court of appeal reversed. A defendant convicted of felony accessory is not categorically ineligible for resentencing under Proposition 64 although the crime of accessory is not specifically mentioned in the statute.