P. v. Hubbard CA5
Appellant Zane Molina Hubbard appeals from the order denying his petition under the Safe Neighborhoods and Schools Act (hereafter Proposition 47; Pen. Code, § 1170.18) to have his 2008 conviction for unauthorized possession of a controlled substance reclassified as a misdemeanor. The People opposed the petition on the basis that Hubbard was convicted in 2011 of kidnapping for the purpose of robbery or rape and kidnapping during the commission of carjacking. The trial court denied the petition, finding Hubbard was ineligible for Proposition 47 relief because of his prior disqualifying convictions. On appeal, Hubbard contends Proposition 47 only precludes reclassification where a defendant had a “prior” disqualifying conviction, and since his kidnapping for the purpose of rape or robbery and kidnapping during the commission of carjacking convictions occurred after his possession conviction, he is eligible for reclassification. Finding no merit to his contention, we affirm.
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