Walker
People v. Walker
Opinion
Opinion
Lui, J.
David Earl Walker appeals from the orders denying his petition for resentencing/application to redesignate his 1988 and 1989 felony convictions for possession of a controlled substance as misdemeanors pursuant to Proposition 47, the Safe Neighborhoods and Schools Act (Proposition 47 or the Act). (Pen. Code, § 1170.18, subds. (a)-(i).) The trial court denied the petition on the basis of its finding that appellant is ineligible for Proposition 47 relief due to a disqualifying 1992 conviction for first degree murder. Appellant contends he was eligible for Proposition 47 relief because his murder conviction occurred after the drug possession convictions. He thus claims the trial court erroneously denied his petition to reclassify his felony convictions as misdemeanors. We find no merit to appellant’s contention, and affirm.
PROCEDURAL BACKGROUND
Appellant pleaded guilty to two counts of possession of a controlled substance in violation of Health and Safety Code section 11350, subdivision (a) in separate cases in 1988 (Super. Ct. L.A. County, 1988, No. A645112) and 1989 (People v. Walker (Super. Ct. L.A. County, 1989, No. A480785)). In 1992, a jury convicted appellant of…