Casillas
People v. Casillas
Opinion
Lead Opinion
Detjen, J.
*747 Defendant Omar Casillas appeals from a postjudgment order denying his 2015 petition to reduce a 2006 felony conviction to a misdemeanor conviction pursuant to Proposition 47, the Safe Neighborhoods and Schools Act (hereafter Proposition 47 or the Act). The trial court denied the petition on the grounds that he had been convicted of a "super strike" offense in 2013. Defendant contends the order must be reversed because the 2013 conviction does not constitute a "prior" conviction within the meaning of Proposition 47. We disagree and affirm the order.
*748 BACKGROUND
In 2006, defendant pled nolo contendere to felony possession of a controlled substance ( Health & Saf. Code, § 11377, former subd. (a)) 1 and admitted he served a prior prison term ( Pen. Code, 2 § 667.5, subd. (b) ). After being placed on probation, and then violating that probation, defendant received a sentence of three years. He purportedly completed that sentence.
On August 27, 2013, defendant was convicted of attempted murder (§§ 187, subd. (a), 664); false imprisonment (§ 236); assault with a semiautomatic firearm (§ 245, subd. (b)); unlawful possession of a firearm (§ 29800, subd. (a)(1)); and unlawful…