People v. Marabut CA2/4

Filed 8/31/16 P. v. Marabut CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B265827

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA100901) v.

DERRICK MARABUT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, James D. Otto, Judge. Affirmed. Law Offices of Christopher Nalls and Christopher Nalls, under appointment by the Court of Appeal, for Defendant and Appellant Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Mary Sanchez and Margaret E. Maxwell, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Derrick Marabut appeals from the judgment entered upon his no contest plea to misdemeanor possession of ammunition in violation of Penal Code section 30305.1 Appellant seeks to have his conviction set aside on the ground that he is not subject to section 30305 because his prior felony drug conviction (Health and Saf. Code, § 11377), was reduced to a misdemeanor under Proposition 47 for all purposes. (§ 1170.18, subd. (k).) He argues that the exception in section 1170.18, subdivision (k), prohibiting him from possessing a firearm, does not extend to his possession of ammunition. Alternatively, appellant argues that section1170.18, subdivision (k) either does not apply to him because Proposition 47 is retroactive or violates equal protection. We disagree and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY In October 2014, appellant was sentenced to three years of probation, following his conviction for felony drug possession under Health & Safety Code section 11377, subdivision (a).2 Proposition 47, the Safe Neighborhoods and Schools Act, became effective in November 2014, making drug possession a misdemeanor. (People v. Lynall (2015) 233 Cal.App.4th 1102, 1108.) This voter initiative measure also created a new provision, which allows a person “currently serving” a felony sentence for an offense that is a misdemeanor under Proposition 47 to petition for recall of that sentence and for resentencing; if the sentence has been completed, the person may petition for redesignation of the felony conviction as a misdemeanor. (§ 1170.18, subds. (a)-(b), (f)-(g).) On December 5, 2014, appellant’s petition to reduce his drug conviction to a misdemeanor was granted.