People v. St. Jules CA6

Background On July 17, 2012, defendant pleaded no contest to second degree burglary as part of a negotiated disposition (§§459; 460, subd. (b)). In exchange, she was promised no prison time, and an additional charge, petty theft with three or more prior convictions of burglary (§ 666, subd. (a)), was dismissed. The court suspended imposition of sentence and imposed three years’ formal probation, conditioned on service of 90 days in county jail. On April 10, 2014, probation was revoked. According to the probation officer, defendant had failed to comply with several conditions of probation, including those requiring substance abuse treatment and testing. In addition, by her own admission, she had ingested cocaine the previous month. On November 5, 2014, section 1170.18 became effective following the passage of Proposition 47 by the voters the previous day. Proposition 47 reclassified certain drug and theft-related offenses as misdemeanors instead of felonies or alternative felony misdemeanors. It also set forth procedures for defendants seeking to have a felony conviction resentenced or designated as a misdemeanor. On November 20, 2014, defendant filed an “Application for…