P. v. Peppler CA2/2
Defendant and appellant Jay David Peppler (defendant) appeals from the judgment entered after he was found in violation of his probation. He contends that two of his prior convictions should not have been used to enhance his sentence, because they were eligible for reduction to misdemeanors under Proposition 47. He asks that this court declare the two prior convictions to be misdemeanors, and to modify his sentence accordingly, or in the alternative, to reverse the judgment due to ineffective assistance of counsel. As we do not have authority to grant Proposition 47 relief in the first instance, and the record on appeal does not support a claim of ineffective assistance of counsel, we affirm the judgment.
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