P. v. Daniels CA4/1
In 2001, a jury convicted Ted Darnell Daniels of three counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). Daniels was sentenced to an indeterminate term of 25 years to life plus five years for a serious felony prior conviction (§ 667, subd. (a)(1)).
In 2016 Daniels filed a petition under Proposition 47 (Safe Neighborhoods and Schools Act; § 1170.18) to reduce his convictions to misdemeanors because section 245, subdivision (a)(1) was a "wobbler" offense. The petition was denied. Daniels filed another petition in 2017, which petition was again denied because section 245, subdivision (a)(1) was not one of the enumerated offenses in section 1170.18. Daniels filed a timely notice of appeal from the 2017 denial of his second petition.
Comments on P. v. Daniels CA4/1