P. v. Magallon CA1/3
Defendant Clemente Magallon appeals from an order denying his petition for resentencing pursuant to Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (the act). (Prop. 64, § 8.7, approved Nov. 8, 2016, eff. Nov. 9, 2016; Health & Saf. Code, § 11361.8.) Defendant contends the trial court erred in concluding that his felony conviction under section 11366.5, subdivision (a), is not subject to reduction under Proposition 64. We agree and shall reverse.
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