Jones

—Defendant and appellant, Casey Jones, Jr., appeals an order denying his petition to designate his conviction for burglary (Pen. Code, §459) as misdemeanor shoplifting (§ 459.5) under section 1170.18, which California voters enacted as part of the Safe Neighborhoods and Schools Act (Proposition 47). Jones also appeals the order denying his motion to strike the one-year prison prior enhancement (§ 667.5, subd. (b)) imposed in this case on the basis of a conviction in a prior case which the superior court had previously designated a misdemeanor. Jones contends the superior court erred by inadvertently denying his petition to designate the burglary conviction a misdemeanor and by denying his motion to strike the enhancement because the redesignated misdemeanor conviction could not have supported an enhancement had Proposition 47 been in effect at the time of his offenses.

Proposition 47 creates a procedure for offenders to obtain reclassification and resentencing on convictions on a retroactive basis, but does not provide a similar procedure for striking or dismissing sentence enhancements retroactively. As a result, we conclude the superior court did not err in refusing to…