Medina

*63 I. INTRODUCTION

Defendant Job Luna Medina appeals from an order denying his motion to reduce a felony conspiracy conviction to a misdemeanor under Penal Code section 17, subdivision (b)(3) ( section 17(b)(3) ) or Health and Safety Code section 11361.8, subdivision (e) ( section 11361.8(e) ). We affirm the denial order. We conclude the trial court had discretion to reduce the offense under section 17(b)(3) and properly exercised that discretion. We further conclude defendant's conspiracy offense is not eligible for reduction under section 11361.8(e).

II. DISCUSSION

A. Background

On June 5, 2015, defendant pled guilty to felony conspiracy to commit a crime. ( Pen. Code, § 182, subd. (a)(1).) The target offense was marijuana possession for sale. ( Health & Saf. Code, § 11359.) The trial court suspended imposition of sentence and placed defendant on probation for one year.

*64 Both at the time defendant engaged in the conspiracy (2013) and when he entered his guilty plea, marijuana possession for sale was a felony. ( Health & Saf. Code, § 11359, Stats. 2011, ch. 15, § 161.) 1 Because the target offense was a felony, the conspiracy was a felony. ( Pen. Code, § 182, subd. (a)…