People v. Robles CA5

DISCUSSION

On November 4, 2014, California voters enacted Proposition 47, and it went into effect the next day. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) “Proposition 47 makes certain drug- and theft-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants. These offenses had previously been designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors).” (Id. at p. 1091.) “Proposition 47 also created a new resentencing provision: section 1170.18. Under section 1170.18, a person ‘currently serving’ a felony sentence for an offense that is now a misdemeanor under Proposition 47, may petition for a recall of that sentence and request resentencing in accordance with the statutes that were added or amended by Proposition 47. (§ 1170.18, subd. (a).) ” (People v. Rivera, supra, 233 Cal.App.4th at p. 1092.) Possession of heroin in prison (§ 4573.6) is not among the offenses listed in section 1170.18. Therefore, the trial court properly denied defendant’s petition for resentencing under Proposition 47. We also note that defendant had been convicted of a “super strike”—murder—that rendered…