People v. Fernandez

Defendant appealed from the denial of two petitions for resentencing under Penal Code section 1170.18, which is part of the Safe Neighborhoods and Schools Act (Proposition 47). At issue was the eligibility restriction set forth in section 1170.18(i), which excludes "persons who have one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290." The Court of Appeal adopted the holding in People v. Sledge, (2017) 7 Cal.App.5th 1089, that section 1170.18(i) incorporates the definition provided in section 667, subdivision (d). The Court of Appeal further concluded that a juvenile adjudication for an offense listed in section 290, subdivision (c) does not constitute a prior conviction for purposes of section 1170.18(i) unless the prerequisite conditions listed in section 667, subdivision (d)(3) are also satisfied. Accordingly, because the trial court relied on an erroneous interpretation of the statute in this case, the Court of Appeal reversed and remanded for further proceedings. View "People v. Fernandez" on Justia Law