Carrea

People v. Carrea

Good Law
198 Cal. Rptr. 3d 753·2016 Cal. App. LEXIS 100·244 Cal. App. 4th 966
Court of Appeal of CaliforniaFebruary 11, 2016D068246California4,493 words

Opinion

Lead Opinion

McDonald, J.

*971 Christopher Carrea (also known as Carrea Christopher) appeals an order denying his Penal Code 1 section 1170.18 motion to dismiss a one-year prison prior enhancement imposed at his 2013 sentencing for his jury conviction of inflicting corporal injury to a former cohabitant (§ 273.5, subd. (a)). On appeal, he argues that because, after his sentencing, he obtained a section 1170.18 order reducing the 2004 convictions on which that prison prior enhancement was based from felonies to misdemeanors, the trial court should have stricken or dismissed that enhancement pursuant to section 1170.18 and Proposition 47. Because we conclude section 1170.18 does not provide for retroactive redesignation, dismissal, or striking of final pre-Proposition 47 sentence enhancements based on prior convictions that are subsequently reduced from felonies to misdemeanors pursuant to section 1170.18, the court correctly denied his motion.

FACTUAL AND PROCEDURAL BACKGROUND

In 2004, Carrea was convicted in San Diego County Superior Court case No. SCD183230 of section 484 theft and section 459 burglary offenses for which he thereafter served a prison term.

In 2012, an information in San Diego County…

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