P. v. Bontemps CA3
“On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act (hereafter Proposition 47), which went into effect the next day. (Cal. Const., art. II, § 10, subd. (a).)” (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) Proposition 47 created a resentencing provision, codified at Penal Code section 1170.18, which provides that a person currently serving a sentence for certain designated felonies may petition for recall of the sentence to reduce felonies to misdemeanors. Defendant Gregory C. Bontemps appeals from an order denying his petition to reduce his commitment conviction from a felony to a misdemeanor.
Defendant’s petition for resentencing was denied upon a determination that he was not eligible for relief under Proposition 47 because he had sustained convictions for attempted murder. (§§ 667, subd. (e)(2)(C)(iv)(IV), 1170.18, subd. (i).)
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