People v. Hoang CA2/4

DISCUSSION

Defendant contends the court erred in denying the application to vacate the one-year sentence enhancement for the prison prior related to the prior conviction

3 that had been reduced to a misdemeanor under section 1170.18.6 We disagree with the contention.7 Proposition 47 reduced certain drug- and theft-related offenses to misdemeanors, unless committed by persons who are ineligible for that treatment based on statutory criteria. (People v. Morales (2016) 63 Cal.4th 399, 404.) In section 1170.18, the proposition also provides a procedure for defendants currently serving a felony sentence for a Proposition 47 crime to petition for a recall of the sentence and for resentencing (subd. (a)), as well as a procedure for persons who have completed their sentence for such a crime to file an application to have the offense designated as a misdemeanor (subd. (f)). (People v. Diaz (2015) 238 Cal.App.4th 1323, 1328-1329.) “Any felony conviction that is recalled and resentenced . . . or designated as a misdemeanor . . . shall be considered a misdemeanor for all purposes, except that such resentencing shall not permit that person to own, possess, or have in his or her custody or…