In re Guiomar

I. INTRODUCTION

In March of 2014, petitioner John Manuel Guiomar entered into a plea agreement that resolved four cases and resulted in four convictions (one in each case). The trial court imposed a six-year aggregate sentence, comprised of a four-year term for robbery, a consecutive 16-month term for burglary, a consecutive eight-month term for failure to appear on a felony charge, and a concurrent two-year term for possession of a controlled substance.

In November of 2014, the electorate passed Proposition 47, which reclassified certain felony drug and theft-related offenses as misdemeanors, including possession of a controlled substance and certain burglary offenses. (Prop. 47, as approved by voters, Gen. Elec. (Nov. 4, 2014), eff. Nov. 5, 2014.)

In April of 2015, petitioner filed a petition for recall of sentence under Proposition 47. (See Pen. Code, § 1170.18, subd. (a).) The trial court granted the petition as to petitioner’s convictions of burglary and possession of a controlled substance, designating those offenses as misdemeanors. The trial court then resentenced petitioner to another six-year aggregate term by imposing a six-year term for the robbery and a…