P. v. Thompson CA3
“On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act (hereafter Proposition 47), which went into effect the next day. (Cal. Const., art. II, § 10, subd. (a).)” (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) Proposition 47 created a resentencing provision, codified at Penal Code section 1170.18, which provides that a person currently serving a sentence for certain designated felonies may petition for recall of the sentence to reduce felonies to misdemeanors. Defendant Winter James Thompson appeals from an order denying his petition to reduce a conviction from a felony to a misdemeanor.
Defendant’s petition for resentencing was denied upon a determination that he was not eligible for relief under Proposition 47 because the commitment offense was violation of section 459, second degree burglary of a vehicle (see §§ 460, 461), which is as not among the eligible offenses listed in section 1170.18.
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