People v. McCarty CA3

BACKGROUND

We omit the facts of defendant’s crime as they are unnecessary to resolve this appeal.

Undesignated statutory references are to the Penal Code.

1 In April 2011, defendant pled no contest to assault with a deadly weapon and admitted personally inflicting great bodily injury, strike, and prior prison term enhancements. The prison prior was based on a 2000 Yuba County conviction for receiving stolen property. Defendant was sentenced to a stipulated state prison term of 10 years. In May 2015, the Yuba County prior was reduced to a misdemeanor pursuant to a section 1170.18 proceeding in that county. Defendant subsequently filed a section 1170.18 petition seeking relief as to the prison prior. The trial court denied the petition.

DISCUSSION

Defendant contends that his prison prior should have been stricken because the felony underlying the prison prior was reduced to a misdemeanor pursuant to section 1170.18.2 We disagree.3 The passage of Proposition 47, the Safe Neighborhoods and Schools Act (the Act), created section 1170.18, which provides in pertinent part: “A person currently serving a sentence for a conviction, whether by trial or plea, of a felony or…