People v. Vance CA4/2

California Court of Appeal Apr 27, 2016 No. E064103Unpublished

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Holding. The court held that Penal Code section 1170.18, subdivision (i), renders a defendant ineligible for Proposition 47 relief if they have a disqualifying prior conviction, regardless of whether that conviction occurred after the conviction they seek to reduce.

Issues

Whether Penal Code section 1170.18, subdivision (i), requires a disqualifying conviction to have occurred prior to the conviction sought to be reduced to a misdemeanor.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Section 1170.18, subdivision (i) is phrased in the present tense, excluding “persons who have” one or more disqualifying prior convictions from eligibility for relief under the other provisions of the section.”

“As of the time of his Proposition 47 petition, defendant had a conviction under one of the provisions identified in section 1170.18, subdivision (i).”

Filed 4/27/16 P. v. Vance CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E064103

v. (Super.Ct.No. FSB022726)

GREGORY VANCE, JR., OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Ronald M.

Christianson, Judge. Affirmed.

Michael B. McPartland, under appointment by the Court of Appeal, for Defendant

and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, and Scott C. Taylor and Daniel

Hilton, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Gregory Vance, Jr., appeals from the trial court’s denial

of his petition for relief under The Safe Neighborhoods and Schools Act, enacted by the 1

voters as Proposition 47 in the November 2014 election. Defendant contends the trial

court erred in finding him to be ineligible for relief because the conviction the trial court

found disqualifying—a 2004 conviction for murder—occurred after the conviction

People v. Vance CA4/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

GREGORY VANCE, JR., OPINION

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I. FACTS AND PROCEDURAL BACKGROUND

II. DISCUSSION

III. DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ P. J.

MCKINSTER J.

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