People v. Holloway CA2/2

BACKGROUND

On June 1, 1990, appellant was convicted by plea of attempted robbery (§§ 664/211) with personal use of a firearm (§ 12022.5, subd. (a)), and assault with a firearm (§ 245, subd. (a)(2)) with personal use of a firearm (§ 12022.5, subd. (a)). According to the amended abstract of judgment, appellant was sentenced to three years in state prison for these offenses. Appellant’s three-year sentence in this case was ordered consecutive to the sentences imposed in three other cases, for a total term of 27 years in state prison. On September 15, 2021, appellant filed a petition for reclassification of his felony convictions as misdemeanors pursuant to Proposition 47 (§ 1170.18, subds. (f)–(h)) and section 17, subdivision (b). In his petition (as well as in his supplemental brief on appeal) appellant asserted that because his crimes in this case were “wobblers” and the court imposed a sentence of 11 months (335 days) in county jail, he was entitled to have his convictions reclassified as misdemeanors. On October 14, 2021, the superior court denied the petition on the ground that appellant’s convictions do not fall within the scope of Proposition 47. The court further noted that…