People v. Martinez CA5

DISCUSSION

Proposition 47 “‘On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act [(the Act)] .…’ [Citation.] ‘Proposition 47 makes certain drug- and theft-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants. These offenses had previously been designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors).’” (People v. Morales (2016) 63 Cal.4th 399, 404 (Morales).)

2. “Proposition 47 also created a new resentencing provision, to wit, [Penal Code] section 1170.18. Under that statute, ‘[a] person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the [Act] had [the Act] been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with’ the various statutes that were amended or added by the Act. (Pen. Code, § 1170.18, subd. (a).)” (People v. Bradshaw (2016) 246 Cal.App.4th 1251, 1256–1257.) Prior to enactment, the…