People v. McNair CA2/2

DISCUSSION

In November 2014, California voters approved Proposition 47, which reduced certain drug and theft offenses from felonies to misdemeanors. (§ 1170.18, subd. (a).) Proposition 47 added section 1170.18, which allows a person currently serving a felony sentence “who would have been guilty of a misdemeanor” if Proposition 47 had been in

All further statutory references are to the Penal Code unless otherwise indicated.

Many of the facts are set forth in our previous opinion where defendant appealed the judgment entered on his Penal Code section 666.5 and Vehicle Code section 10851 convictions. (People v. McNair (B227076, Sept. 29, 2011) [nonpub. opn.].) We restate the relevant facts as necessary.

At trial, the prosecution presented a certified record of defendant’s prior conviction of Vehicle Code section 10851. Defendant was also found to have served six prior prison terms within the meaning of Penal Code section 667.5, subdivision (b).

2 effect at the time of the offense, to petition the court for resentencing “in accordance with” certain specified statutes that “have been amended or added by this act” and that provide for different, lesser…