P. v. Solorzano CA3
Defendant Eduardo Guiterrez Solorzano appeals the trial court’s denial of his motion to vacate his 2013 felony conviction for transporting marijuana under former Health and Safety Code section 11360. (Unless otherwise set forth, statutory section references that follow are to the Health and Safety Code.) At the time of his plea, the statute prohibited transporting marijuana. (Former § 11360, subd. (a).) Subsequently, defendant sought to benefit from the retroactive application of a statutory amendment to section 11360 that required transportation for sale, rather than personal use (§ 11360, subd. (a)), and moved to vacate his felony conviction for transportation and have the trial court impose a misdemeanor sentence for possession of marijuana under section 11357, subdivision (c). The trial court denied the motion. We shall affirm the judgment.
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