Dunn

Pursuant to a negotiated plea agreement, defendant Eric Anthony Dunn pleaded no contest to possession of a controlled substance (cocaine) and admitted two prison prior allegations with the understanding he would receive a five-year sentence. As part of that agreement, the prosecution agreed to request the dismissal of two other charged felonies. Defendant was sentenced in August 2014 to a five-year “split sentence” prison term in which the court ordered defendant to serve two years six months in county jail with mandatory supervision for the remainder of defendant’s sentence.

Three months later, in November 2014, voters approved Proposition 47, the Safe Neighborhoods and Schools Act, which reduced specified property and drug offenses to misdemeanors. Proposition 47 also provided a recall procedure to resentence defendants convicted of certain felonies. In December 2014, defendant petitioned under Proposition 47 to have his sentence recalled and his felony conviction reclassified a misdemeanor. In opposing the petition, the People argued that reclassification would deprive them of the benefit of their plea agreement because defendant would receive a sentence reduction…