People v. Cordova CA6

Filed 10/1/15 P. v. Cordova CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041975

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 185632)

v.

JOHNNY MELENDEZ CORDOVA,

Defendant and Appellant.

On August 2, 1996, appellant Johnny Melendez Cordova was convicted of possession of a dirk or dagger under former Penal Code section 12020 and sentenced to 25 years to life in prison.1 On December 17, 2014, appellant filed a petition for writ of habeas corpus seeking resentencing on his conviction pursuant to Proposition 47. In his petition, appellant alleged that Penal Code section 12020, subdivision (a) was “re-classified as a misdemeanor in the new law.” The trial court construed the petition as one…