People v. Pizano CA4/1

DISCUSSION

"On November 4, 2014, . . . [California voters approved] The Safe Neighborhoods

and Schools Act (Proposition 47). (Voter Information Guide, Gen. Elec. (Nov. 4, 2014)

text of Prop. 47, § 1, p. 70.) It became effective the next day. (Cal. Const., art. II, § 10,

Further statutory references are to the Penal Code.

We refer to the petition and the amended petition together as "the petition." 2 subd. (a).)" (People v. DeHoyos (2015) 238 Cal.App.4th 363.) Proposition 47 provides:

"A person currently serving a sentence for a conviction, whether by trial or plea, of a

felony or felonies who would have been guilty of a misdemeanor under the act that added

this section ('this act') had this act been in effect at the time of the offense may petition

for a recall of sentence before the trial court that entered the judgment of conviction in his

or her case to request resentencing . . . ." (§ 1170.18, subd. (a).) "Proposition 47 added

new section 459.5 to the Penal Code. Section 459.5 defines the crime of 'shoplifting.' "

(People v. Contreras (2015) 237 Cal.App.4th 868, 890.) Section 459.5 states:

"Notwithstanding Section 459, shoplifting…