People v. Caceres CA6
Opinion
Opinion
Manoukian, J.
I. INTRODUCTION
Defendant Ramon Vicente Caceres pleaded no contest to felony possession of a controlled substance (former Health & Saf. Code, § 11350, subd. (a)) in case No. SS111917A and in case No. SS112093A. The trial court suspended imposition of sentence in each case and placed defendant on probation. While defendant was on probation, Penal Code section 1170.181 was enacted by the voters as part of Proposition 47, which reclassified certain offenses as misdemeanors. Defendant filed a petition in each case for recall of sentence and resentencing to a misdemeanor pursuant to section 1170.18. The trial court denied the petitions after determining that defendant, as a probationer, was not serving a sentence within the meaning of the statute.
1 All further statutory references are to the Penal Code unless otherwise indicated. On appeal defendant contends, among other arguments, that he is “currently serving a sentence” within the meaning of section 1170.18, subdivision (a), and therefore the trial court erred in denying his petitions. The Attorney General concedes that the trial court erred. We agree and reverse the orders denying defendant’s petitions.