People v. Cooper CA6

I. INTRODUCTION

Defendant Casey Wayne Cooper pleaded guilty to possession of a controlled substance (former Health & Saf. Code, § 11377, subd. (a)), misdemeanor possession of controlled substance paraphernalia (id., § 11364), and misdemeanor being under the influence of a controlled substance (id., § 11550, subd. (a)). The trial court suspended imposition of sentence and placed defendant probation. While defendant was on probation, Penal Code section 1170.181 was enacted by the voters as part of Proposition 47, which reclassified certain drug offenses as misdemeanors. Section 1170.18 sets forth two different petition or application procedures for defendants seeking to have a felony conviction resentenced to or

1 All further statutory references are to the Penal Code unless otherwise indicated. designated as a misdemeanor. (Id., subds. (a) & (f).) A defendant who successfully petitions under either procedure and has a felony conviction resentenced to or designated as a misdemeanor is still subject to the ban on firearms possession that is applicable to felons. (Id., subd. (k).) At a hearing after he allegedly violated his probation, defendant sought to have his felony drug…