Shabazz

People v. Shabazz

Bad Law
187 Cal. Rptr. 3d 828·2015 Cal. App. LEXIS 473·237 Cal. App. 4th 303
Court of Appeal of CaliforniaJune 1, 2015B255297California4,204 words

Opinion

Opinion

Turner, J.

I. INTRODUCTION

Defendant, Lennal Khabir Shabazz, appeals after pleading no contest to two felonies, methamphetamine possession (Health & Saf. Code, § 11377, subd. (a)) and receiving stolen property (Pen. Code, § 496, subd. (a)). The trial court issued a probable cause certificate. He pled no contest on March 21, 2014. On the same date, defendant was sentenced to two years in the county jail. No mandatory supervision was imposed. Defendant received credit for 272 days in presentence custody. He completed his sentence on September 24, 2014.

In the published portion of this opinion, we discuss whether we are required to reduce defendant’s two felony convictions to misdemeanors. After defendant completed his sentence, on November 4, 2014, the voters approved Proposition 47. (Prop. 47, as approved by voters, Gen. Elec. (Nov. 4, 2014).) As we will explain, defendant, if he files an application in the trial court, is potentially entitled to have his felony convictions reduced to misdemeanors provided he does not have a disqualifying prior conviction. (§ 1170.18, subds. (f)-(h).) At issue is whether we can order the reduction of his felony convictions to misdemeanors. For the…

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