P. v. Avalos CA4/3
Saul Villa Avalos appeals from a postjudgment order denying his petition/application for resentencing (the resentencing petition) brought under Health and Safety Code section 11361.8, subdivision (b), by which he sought to have a prior felony conviction for possession of marijuana for sale reduced to a misdemeanor. The trial court found Avalos ineligible for relief because he had also been convicted of murder at the time he was convicted of possession of marijuana for sale.
At the time Avalos committed the offense of possession of marijuana for sale, he had not been convicted of murder. We therefore conclude the trial court erred by finding the murder conviction made Avalos ineligible for relief. In reaching that conclusion, we follow the decision of our colleagues in People v. Smit (2018) 24 Cal.App.5th 596 (Smit).
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