People v. Carrea

198 Cal. Rptr. 3d 753, 244 Cal. App. 4th 966, 2016 Cal. App. LEXIS 100
CourtCalifornia Court of Appeal, 4th District
DecidedFebruary 11, 2016
DocketD068246
StatusPublished
Cited by31 cases

This text of 198 Cal. Rptr. 3d 753 (People v. Carrea) is published on Counsel Stack Legal Research, covering California Court of Appeal, 4th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Carrea, 198 Cal. Rptr. 3d 753, 244 Cal. App. 4th 966, 2016 Cal. App. LEXIS 100 (Cal. Ct. App. 2016).

Opinion

McDONALD, J.

*971Christopher Carrea (also known as Carrea Christopher) appeals an order denying his Penal Code 1 section 1170.18 motion to dismiss a one-year prison prior enhancement imposed at his 2013 sentencing for his jury conviction of inflicting corporal injury to a former cohabitant (§ 273.5, subd. (a)). On appeal, he argues that because, after his sentencing, he obtained a section 1170.18 order reducing the 2004 convictions on which that prison prior enhancement was based from felonies to misdemeanors, the trial court should have stricken or dismissed that enhancement pursuant to section 1170.18 and Proposition 47. Because we conclude section 1170.18 does not provide for retroactive redesignation, dismissal, or striking of final pre-Proposition 47 sentence enhancements based on prior convictions that are subsequently reduced from felonies to misdemeanors pursuant to section 1170.18, the court correctly denied his motion.

FACTUAL AND PROCEDURAL BACKGROUND

In 2004, Carrea was convicted in San Diego County Superior Court case No. SCD183230 of section 484 theft and section 459 burglary offenses for which he thereafter served a prison term.

In 2012, an information in San Diego County Superior Court case No. SCD240790 charged Carrea with one count of inflicting corporal injury to a former cohabitant (§ 273.5, subd. (a)) and alleged he had three prison priors within the meaning of sections 667.5, subdivision (b), and 668. The second prison prior allegation alleged he had section 484 theft and section 459 burglary convictions in 2004 for which he allegedly served a prison term and did not remain free of custody for five years after his release. In August 2012, a jury found Carrea guilty of the section 273.5, subdivision (a), offense and he admitted the truth of the prison prior allegations. In January 2013, the trial court sentenced him to a total term of seven years, including a four-year term for his section 273.5, subdivision (a), conviction, plus consecutive one-year terms for each of the three prison prior enhancements.2

*756On April 23, 2015, the trial court granted his section 1170.18 motion to redesignate his 2004 section 484 theft and section 459 burglary felony convictions as misdemeanors. On May 7, Carrea filed a section 1170.18 motion in case No. SCD240790 to dismiss the second prison prior enhancement imposed at his 2013 sentencing because the felony convictions on *972which that enhancement was based (presumably his 2004 §§ 484 & 459 convictions) had since been redesignated as misdemeanors pursuant to section 1170.18. The People opposed his motion, arguing Proposition 47, which enacted section 1170.18, does not grant a court retroactive jurisdiction over offenses not within its purview (e.g., a § 273.5 offense).

On May 27, the court denied Carrea's motion to dismiss his prison prior enhancement, concluding section 1170.18, subdivision (n), precluded the retroactive application of Proposition 47 to diminish the finality of the judgment in case No. SCD240790 by dismissing or striking an enhancement imposed in that case that did not involve an eligible section 1170.18 offense. Carrea timely filed a notice of appeal.

DISCUSSION

I

Proposition 47

On November 4, 2014, the voters approved Proposition 47, the Safe Neighborhoods and Schools Act (Proposition 47 or the Act) and it became effective the following day. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089, 183 Cal.Rptr.3d 362.) The Act "makes certain drug- and theft-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants. These offenses had previously been designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors)." (Rivera, at p. 1091, 183 Cal.Rptr.3d 362.)

The Act also created new section 1170.18, which allows a person currently serving a sentence for a conviction of a felony who would have been guilty of a misdemeanor under the Act to petition for a recall of his or her sentence and be resentenced to a misdemeanor. (§ 1170.18, subds. (a), (b).) The Act also allows a person who has completed a sentence for a felony that would now be a misdemeanor under the Act to file an application with the trial court to have that felony conviction designated as a misdemeanor. (§ 1170.18, subds. (f), (g).) "If the application satisfies the criteria in subdivision (f), the court shall designate the felony offense or offenses as a misdemeanor." (§ 1170.18, subd. (g).) Importantly for this appeal, section 1170.18, subdivision (k), provides: "Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes ...." (Italics added.) The Act further provides: "Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this act." (§ 1170.18, subd. (n).)

*973II

Principles of Initiative and Statutory Construction

In interpreting ballot initiative measures, we apply the same principles that we apply in construing a statute enacted by the Legislature. (People v. Park (2013) 56 Cal.4th 782, 796, 156 Cal.Rptr.3d 307, 299 P.3d 1263 (Park ); People v. Briceno (2004) 34 Cal.4th 451, 459, 20 Cal.Rptr.3d 418, 99 P.3d 1007.) The fundamental purpose of statutory interpretation *757is to ascertain the intent of the Legislature or voters in enacting the statute. (People v. Farley (2009) 46 Cal.4th 1053, 1118, 96 Cal.Rptr.3d 191,

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Cite This Page — Counsel Stack

Bluebook (online)
198 Cal. Rptr. 3d 753, 244 Cal. App. 4th 966, 2016 Cal. App. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carrea-calctapp4d-2016.