People v. Hatt

228 Cal. Rptr. 3d 871, 20 Cal. App. 5th 321
California Court of Appeal, 5th District·Decided February 7, 2018·No. 2d Crim. No. B283463·Published·Cited by 10 cases

Opinion

TANGEMAN, J.

*323In November 2014, voters enacted Proposition 47 to "reduce [ ] the penalties for certain drug- and theft-related offenses and [to] reclassif[y] those offenses as misdemeanors rather than felonies. [Citations.]" ( People v. Zamarripa (2016) 247 Cal.App.4th 1179, 1182, 202 Cal.Rptr.3d 525 ( Zamarripa ).) Proposition 47 also added section 1170.18 to the Penal Code,1 which permits a person who has completed the sentence for an eligible felony conviction to apply to have the conviction redesignated a misdemeanor. ( Ibid. ; see § 1170.18, subd. (f).) If the applicant meets specified criteria, and has not suffered a disqualifying prior conviction, the trial court must redesignate the offense. ( § 1170.18, subds. (g) & (i).)

*324"The question presented by this case is, 'Prior to what?' " ( People v. Montgomery (2016) 247 Cal.App.4th 1385, 1387, 203 Cal.Rptr.3d 228 ( Montgomery ).) We hold that a person who suffers a disqualifying conviction after filing a redesignation application but prior to the trial court's ruling on that application is barred from relief under section 1170.18.

FACTUAL AND PROCEDURAL HISTORY

In October 2003, George Donald Hatt pled guilty to possession of methamphetamine, *873then a felony. ( Health & Saf. Code, § 11377, subd. (a).) The trial court sentenced him to three years in state prison.

In May 2016, while a murder charge was pending against him in Washington, Hatt filed an application to have his methamphetamine possession conviction redesignated a misdemeanor. ( § 1170.18, subd. (f).) The prosecution opposed the application because of Hatt's pending murder charge.2 The trial court tentatively denied the application in August 2016.

The prosecution then moved to continue the hearing on Hatt's application until the resolution of the murder case, which was expected to go to trial in February 2017. The trial court granted the continuance. It set the hearing for March, and later continued the case to June. At the June hearing the prosecutor informed the court that the Washington jury found Hatt guilty of murder. The court then denied Hatt's application.

DISCUSSION

The August 2016 "ruling"

Hatt first contends the trial court erred when, in August 2016, it "denied" his application based on his pending murder case. We disagree.

A tentative ruling is, by definition, not final. ( People v. Von Villas (1992) 11 Cal.App.4th 175, 241, 15 Cal.Rptr.2d 112.) Whether a ruling is tentative "turns on whether the court has finished its consideration of [an] issue." ( People v. Ennis (2010) 190 Cal.App.4th 721, 736, 118 Cal.Rptr.3d 270, italics omitted.) Here, the trial court had not finished its consideration of Hatt's application when it issued the tentative denial in August 2016: It did not enter a final order into the minutes, but rather solicited briefing and continued the case. Because the court's August 2016 ruling was not final, the *325issue is not properly before us.3 ( In re Anthony H. (1982) 138 Cal.App.3d 159, 165-166, 187 Cal.Rptr. 820 [where court issues ruling but invites briefing, states it will reserve final decision, and then issues subsequent order, original ruling is deemed tentative].)

The continuances

Hatt next contends the trial court abused its discretion when it continued the hearing on his application until after the conclusion of his murder case. We again disagree.4

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People v. Hatt, 228 Cal. Rptr. 3d 871, 20 Cal. App. 5th 321 (Cal. Ct. App. 2018).

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