Adelmann

People v. Adelmann

Good Law
2 Cal. App. 5th 1188·2016 Cal. App. LEXIS 729·207 Cal. Rptr. 3d 201
Court of Appeal of CaliforniaAugust 31, 2016E064099California2,332 words

Opinion

Opinion

Codrington, J.

I

INTRODUCTION

The People appeal from an order granting the petition of defendant Steven Andrew Adelmann to reduce his Health and Safety Code felony conviction to a misdemeanor pursuant to Penal Code section 1170.18. After defendant was sentenced to probation by the Superior Court of the County of San Diego, the “entire jurisdiction” of his case was transferred under section 1203.9 to the Superior Court of the County of Riverside. The People contend defendant’s petition must be decided by the trial court in San Diego that originally sentenced defendant. (§ 1170.18, subds. (a) & (1).)

Based on established principles of statutory construction and considerations of judicial resources, we hold that the Riverside Superior Court has entire jurisdiction over defendant’s case and can decide defendant’s petition. Additionally, we hold that defendant waived his right to have his petition decided by the San Diego court.

II

FACTUAL AND PROCEDURAL BACKGROUND

In 2012, defendant was charged in the County of San Diego with driving under the influence and for possession of cocaine and oxycodone. (Veh. Code, § 23152, subd. (a); Health & Saf. Code, § 11350, subd. (a).) Defendant…

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