People v. Warn CA4/3

Good Law
Court of Appeal of CaliforniaSeptember 14, 2016G051423California2,187 words

Opinion

Opinion

Moore, J.

FACTS

In February 2013, defendant was charged with one felony count of possessing heroin in violation of Health and Safety Code section 11350, subdivision (a), as well as numerous prior convictions. The allegations about the prior convictions were amended in a subsequent complaint. In June 2013, defendant pleaded guilty to the possession count, and the trial court granted the prosecution’s motion to dismiss all the prior convictions as potential sentence enhancements. Defendant was sentenced to two years in prison and awarded a total of 169 days of custody credits. The court ordered him to pay a $240 state restitution fine (§ 1202.4) and imposed and stayed a $240 parole revocation fine (§1202.45). He was ordered to pay $200 in additional fees (Health & Saf. Code, §§11372.7, 11372.5; § 1464) and to pay other mandatory fines and fees. In November 2014, the voters approved Proposition 47, the “Safe Neighborhood and Schools Act.” Proposition 47 reclassified certain offenses from felonies to misdemeanors and created a postconviction resentencing procedure for those convicted of felony offenses that have been reclassified. (§ 1170.18; People v. Rivera (2015) 233 Cal.App.4th 1085,…

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