P. v. Washington CA1/3
Defendant James Ray Washington appeals from the trial court’s denial of his application to redesignate his 2002 felony conviction for possession of cocaine as a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and Schools Act of 2014 (Proposition 47). The trial court concluded that defendant’s 2004 conviction for second degree robbery, for which he is serving an indeterminate term of 25 years to life under the Three Strikes law, disqualified him from relief under Proposition 47. For the reasons discussed below, we conclude that the 2004 second degree robbery conviction did not disqualify defendant from relief and, accordingly, reverse and remand to the trial court with directions to redesignate his 2002 felony conviction for possession of cocaine as a misdemeanor.
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