Filed 3/19/18 P. v. Johnston CA3
NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(El Dorado)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

TYLER RICHARD JOHNSTON,

Defendant and Appellant.


C084998

(Super. Ct. No. P09CRF0364)






Defendant Tyler Richard Johnston appeals from the trial court’s denial of his petition for resentencing pursuant to Proposition 47. (Pen. Code, § 1170.18.) We will reverse the trial court’s order and remand for further proceedings.
BACKGROUND
We limit our recitation of the background to the facts relevant to the issue on appeal. In 2009, defendant pleaded no contest to possession of a controlled substance, Clonazepam. (Health & Saf. Code, § 11350, subd. (a).) The trial court placed defendant on probation for 36 months and ordered him to complete a Proposition 36 drug treatment program. In 2011, defendant admitted violating probation; the trial court reinstated and continued probation. When defendant subsequently admitted another probation violation, the trial court sentenced him to one year four months in state prison.
In 2017, defendant filed a petition for resentencing pursuant to Proposition 47, which the trial court construed as a petition to reclassify the conviction for possession of a controlled substance as a misdemeanor. (§ 1170.18, subd. (f).) The prosecutor said defendant was in prison serving an 11-year sentence for a 2015 voluntary manslaughter conviction. (§ 192.) The trial court denied the petition, concluding defendant was ineligible for the requested relief due to the 2015 conviction.
DISCUSSION
Proposition 47 reclassified certain crimes as misdemeanors, including possession of a controlled substance under Health and Safety Code section 11350. (§ 1170.18.) Section 1170.18 establishes a reclassification procedure for those who have completed serving their sentences and would have been guilty of a misdemeanor had Proposition 47 been in effect at the time of their crimes. (§ 1170.18, subds. (f)-(h).) Proposition 47 does not apply to defendants who have one or more prior convictions for a serious crime, as defined in section 667, subdivision (e)(2)(C)(iv). (§ 1170.18, subd. (i).)
As the parties acknowledge, manslaughter is not a crime defined in section 667, subdivision (e)(2)(C)(iv). Section 667, subdivision (e)(2)(C)(iv) defines as a serious crime any homicide or attempted homicide defined in section 187 to 191.5, which does not include a conviction for manslaughter under section 192. Accordingly, defendant was not necessarily ineligible for relief under section 1170.18 due to his manslaughter conviction.
DISPOSITION
The judgment is reversed and the matter is remanded for further proceedings on defendant’s petition for resentencing pursuant to section 1170.18.



/S/
MAURO, J.



We concur:



/S/
BLEASE, Acting P. J.



/S/
RENNER, J.