P. v. Pastenes CA4/1
In June 2013, Alexes Pastenes pled guilty to felony grand theft. (Pen. Code, § 487, subd. (c).) In November 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act (Proposition 47) (Cal. Const., art. II, § 10, subd. (a)), which reduced certain crimes from felonies to misdemeanors and allowed a person convicted of one of those felonies before its passage to petition the court to reduce the felony conviction to a misdemeanor and be resentenced. In December 2014, Pastenes successfully petitioned to have his felony conviction reduced to a misdemeanor under Proposition 47. In May 2016, Pastenes filed a motion to expunge the DNA sample that law enforcement took by mouth swab when he was booked on his felony charge. The court denied the motion.
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