People v. Stranger CA3

BACKGROUND

In 2008, defendant pleaded guilty to sale of marijuana (§ 11360, subd. (a)) and was sentenced to three years in prison. Due to subsequent changes in the law, those convicted of marijuana-related felonies may now be eligible to have their convictions redesignated as misdemeanors. (People v. Laird, supra, 27 Cal.App.5th at p. 463; § 11361.8, subds. (e) & (f).) Section 11361.9 provides in pertinent part: “(a) On or before July 1, 2019, the [DOJ] shall review the records in the state summary criminal history information database and shall identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to Section 11361.8. The [DOJ] shall notify the prosecution of all cases in their jurisdiction that are eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation. [¶] (b) The prosecution shall have until July 1, 2020, to review all cases and determine whether to challenge the recall or dismissal of sentence, dismissal and sealing, or redesignation. [¶] (c) [¶] . . . [¶] (3) On or before July 1, 2020, the prosecution shall inform the court and the public defender’s office…