People v. Strain CA2/1

BACKGROUND

1. Case No. TA007742 On August 30, 1990, defendant was convicted in case No. TA007742 of second degree robbery (§ 211). He was sentenced to four years in prison. In 2021, defendant applied under section 1170.18 to have his conviction redesignated as a misdemeanor. The trial court denied the application, finding section 1170.18 did not apply to the crime for which defendant was convicted. The trial court subsequently denied defendant’s two motions for reconsideration, again finding section 1170.18 did not apply to his robbery conviction.

2. Case No. TA049080 On February 25, 1998, defendant was convicted in case No. TA049080 of attempted second degree robbery (§§ 664/211) and assault with a deadly weapon (§ 245, subd. (a)(1)). Defendant was sentenced to 40 years to life. In 2022, defendant applied under section 1170.18 to have the robbery conviction reduced to a misdemeanor. The trial court

Unspecified statutory citations are to the Penal Code.

2 denied the application, finding section 11780.18 did not apply to defendant’s robbery conviction.

3. Appeals Defendant appealed from the denials of his applications in both case Nos. TA007742 and TA049080. We…