People v. Stevens CA2/5

I. INTRODUCTION

Defendant, James Charles Stevens, appeals from an order denying his Penal Code section 1170.18, subdivision (a) resentencing petition.1 As will be noted, at no time was a defendant charged with nor convicted of offenses which rendered him eligible for resentencing. And, he is estopped to contest his state prison sentence because he entered into a sentence bargain. We affirm the order.

II. BACKGROUND

On November 4, 2014, California voters adopted Proposition 47, including section 1170.18. (Prop. 47, § 14, as approved by voters, Gen. Elec. (Nov. 4, 2014).) On March 31, 2015, after section 1170.18 was adopted, defendant committed several offenses. In the amended felony complaint, defendant was charged with theft in violation of section 484e, subdivision (d), acquiring or retaining possession of access cards (count 2, 3 and 4). In addition, defendant was charged in count 5 with forgery relating to an item exceeding $950 in value. Further, the amended felony complaint alleges defendant had previously been convicted of a serious felony, a violation of section 245, subdivision (a)(1). (§§ 667, subd. (e)(2)(C), 1170.18, subd. (i); 1192.7, subd. (c)(31).) Finally, the…