Hatt
People v. Hatt
Opinion
lead Opinion
Tangeman, J.
*323 In November 2014, voters enacted Proposition 47 to "reduce [ ] the penalties for certain drug- and theft-related offenses and [to] reclassif[y] those offenses as misdemeanors rather than felonies. [Citations.]" ( People v. Zamarripa (2016) 247 Cal.App.4th 1179 , 1182, 202 Cal.Rptr.3d 525 ( Zamarripa ).) Proposition 47 also added section 1170.18 to the Penal Code, 1 which permits a person who has completed the sentence for an eligible felony conviction to apply to have the conviction redesignated a misdemeanor. ( Ibid. ; see § 1170.18, subd. (f).) If the applicant meets specified criteria, and has not suffered a disqualifying prior conviction, the trial court must redesignate the offense. ( § 1170.18, subds. (g) & (i).)
*324 "The question presented by this case is, 'Prior to what?' " ( People v. Montgomery (2016) 247 Cal.App.4th 1385 , 1387, 203 Cal.Rptr.3d 228 ( Montgomery ).) We hold that a person who suffers a disqualifying conviction after filing a redesignation application but prior to the trial court's ruling on that application is barred from relief under section 1170.18.