People v. Cruz CA3

BACKGROUND

On August 1, 2012, following a bench trial on stipulated facts, the trial court found defendant guilty of transportation of hydrocodone, a felony. (Health & Saf. Code, § 11352, subd. (a).) On August 8, 2012, the court suspended imposition of sentence and placed defendant on Proposition 36 probation. Defendant did not appeal from his conviction. On January 9, 2013, having completed the terms and conditions of his probation, defendant moved the trial court to reinstate and dismiss the charge. The trial court orally found defendant had completed his Proposition 36 obligations, instructing him to “make sure that [defense counsel] gets that order done for you,” and that the court would “sign it as soon as I receive it.” Defense counsel subsequently prepared an order reinstating and dismissing the charge pursuant to Penal Code section 1210.1, subdivision (d)(1).1 The proposed order also purported to reduce the (felony) offense of conviction to a misdemeanor pursuant to section 17, subdivision (b). The trial court signed the order on January 22, 2013. The People appeal from the order reducing defendant’s offense to a misdemeanor, contending the trial court lacked jurisdiction…