Cortez

When a court recalls a felony sentence and imposes a misdemeanor sentence pursuant to Penal Code section 1170.18, subdivision (a) (Proposition 47), may the court revisit the sentence imposed on other misdemeanor counts, not subject to Proposition 47, and impose a harsher punishment? Yes, provided that the new aggregate sentence does not exceed the prior sentence.

PROCEDURAL HISTORY

In July 2012, defendant pleaded guilty to one felony count of possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 1), one misdemeanor count of possessing drug paraphernalia (Health & Saf. Code, former § 11364.1, subd. (a); count 2), and one misdemeanor count of being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a); count 3). Defendant admitted a prior strike (§§ 667, subd. (d), 1170.12, subds. (b), (c)(1)) and a prison prior (§ 667.5, subd. (b)). Defendant’s maximum sentencing exposure was seven years in prison and one and one-half years in county jail. The court sentenced defendant to three years’ probation on condition he serve 270 days in county jail. Approximately two years later, defendant violated the terms of probation for the second…