People v. Jackson CA2/1

Filed 11/3/15 P. v. Jackson CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B263162

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA039187) v.

AVALON D. JACKSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Dorothy L. Shubin, Judge. Affirmed. Avalon D. Jackson, in pro. per.; and Katja Grosch, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

In 1982, Avalon Jackson was convicted of robbery, rape, and forcible rape in 1 concert. (Pen. Code, §§ 211, 261, 264.1.) In 1993, he was convicted of felony possession of a firearm by a felon. (Former § 12021.) In 1999, Jackson was convicted of felony drug possession (Health & Saf. Code, § 11350) and given an indeterminate life sentence under the “Three Strikes” law (§§ 667, 1170.12). Last year, Jackson petitioned for resentencing pursuant to Proposition 36, the Three Strikes Reform Act of 2012. (§ 1170.126.) The trial court denied the petition because Jackson was ineligible for resentencing because he had suffered a prior disqualifying conviction, a ruling we affirmed. (People v. Jackson (May 8, 2015, B259996) [nonpub. opn.].) On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act, which reduces certain nonserious and nonviolent crimes, such as low- level drug- and theft-related offenses, from felonies to misdemeanors. (People v. Contreras (2015) 237 Cal.App.4th 868, 889-890.) A qualifying person serving a sentence for a felony that was reclassified under Proposition 47 may petition the trial court for a recall of sentence and request resentencing, which must be granted “unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.” (§ 1170.18, subds. (a)-(c).) As pertinent here, Proposition 47 amended Health and Safety Code section 11350 to reclassify certain controlled substance possession charges from felonies to misdemeanors. (Health & Saf. Code, § 11350, subd. (a).) On March 5, 2015, Jackson filed a form petition for recall of his sentence, arguing his felony drug possession offense was reclassified as a misdemeanor by Proposition 47. The trial court denied the petition on the ground that Jackson had suffered a prior disqualifying conviction. Jackson filed a timely notice of appeal.