People v. Cooper CA2/7

DISCUSSION

We appointed counsel to represent Cooper on appeal. After examining the record, counsel filed an opening brief raising no issues. On May 9, 2016 we advised Cooper he had 30 days to submit any arguments or raise any issues he wanted us to consider. The same day, we received an eight-page, hand-printed supplemental brief with attached exhibits. Cooper appears to argue that the record does not support the trial court’s finding Cooper is ineligible for Proposition 47 relief and that section 1170.18 is ambiguous and unconstitutional. “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

1 Undesignated statutory references are to the Penal Code. 2 Cooper’s notice of appeal was received by the superior court clerk’s office, but not filed. On October 28, 2015 we granted Cooper relief from default for failure to file a timely notice of appeal. 2 misdemeanor sentence.” (People v. Morales (2016) 63 Cal.4th…