P. v. Montoya
Defendant Laurie V. Montoya challenges the superior court’s denial of her Penal Code section 1170.18 petition seeking to have her 1983 felony conviction for possession of PCP (Health & Saf. Code, § 11377, subd. (a)) redesignated as a misdemeanor. The Attorney General asserts that the appeal is “moot” because defendant’s 1983 conviction had already been reduced to a misdemeanor under section 17 in 2007. The record does not support the Attorney General’s claim. He concedes that the trial court’s rationale for denying defendant’s motion was erroneous and that reversal is required if the matter is not moot. We agree that the superior court erred, and we reverse the court’s order.
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