People v. Reese CA2/7

DISCUSSION

“Proposition 47, an initiative measure the electorate passed in November 2014, reduced certain drug-related and property crimes from felonies to misdemeanors. The measure also provided that, under certain circumstances, a person who had received a felony sentence for one of the reduced crimes could be resentenced and receive a misdemeanor sentence.” (People v. Morales (2016) 63 Cal.4th 399, 403.) “‘Proposition 47 created a new resentencing provision, [Penal Code] section 1170.18, under which certain individuals may petition the superior court for a recall of sentence and request resentencing.’” (People v. Smith (2015) 234 Cal.App.4th 1460, 1468-1469.) “Proposition 47 makes certain drug- and theft-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants.” (People v. Rivera (2015) 233 Cal.App.4th 1085, 1091; see People v. Davis (2016) 246 Cal.App.4th 127, 134 [Proposition 47 “‘reduces penalties for certain offenders convicted of nonserious and nonviolent property and drug crimes’ and ‘allows certain offenders who have been previously convicted of such crimes to apply for reduced sentences’”].) Among these offenses is former…