P. v. McPherson CA4/2
Defendant Kenneth Lee McPherson contends the trial court erred in denying his Proposition 47 application for reduction of his felony petty theft conviction to a misdemeanor (application). The trial court denied defendant’s application on the ground he had a prior violent felony conviction punishable by life imprisonment, which the trial court concluded was a “super strike” under Proposition 47 (Pen. Code, §§ 1170.18, 667, subd. (e)(2)(C)(iv)(VIII) ). Defendant argues his prior robbery conviction is not a super strike because a robbery conviction is not subject to a life sentence on its own. Even though defendant received a life sentence for robbery, the sentence was based on the Three Strikes Law (§§ 667, subds. (b)-(i), 1170.12). Defendant therefore asserts his prior robbery conviction does not bar him from relief under Proposition 47. We agree and reverse the order denying defendant’s application for reduction of his felony petty theft conviction to a misdemeanor.
Comments on P. v. McPherson CA4/2