Smit

*598 Proposition 64 legalized the recreational use of marijuana and reduced the penalties on various marijuana-related charges, including possessing marijuana for sale. ( Health & Saf. Code, § 11359 ; all undesignated statutory references are to this code.) Pertinent to the issue in this appeal, the proposition also provided a vehicle for an individual to obtain postconviction benefit of the changes in the law if the individual does not have a disqualifying prior conviction. (§ 11361.8; see § 11359.)

*599 Defendant Nicholas John Smit filed a petition in the superior court to reduce his *555 felony possession of marijuana for sale conviction in the present matter to a misdemeanor. The superior court found defendant ineligible for relief because he was convicted of four counts of attempted murder in this matter, in addition to the drug conviction. We conclude a concurrent conviction for attempted murder in the same case in which the defendant was charged and convicted of possessing marijuana for sale does not render the defendant ineligible for resentencing on the marijuana count. We will reverse the superior court's order and remand the matter for further…