P. v. Lyons CA1/4
Defendant Willie Earl Lyons appeals an order denying his petitions to reduce four felony drug and theft convictions to misdemeanors under Penal Code section 1170.18, a provision of Proposition 47. The trial court denied the petitions because, at the time of the hearing on the petitions, Lyons had been convicted of (but not yet sentenced for) the crime of rape of an unconscious person (§ 261, subd. (a)(4)), an offense that the court concluded made Lyons ineligible for reduction of his felony drug and theft convictions. (See § 1170.18, subd. (i) [Proposition 47 sentence-reduction not available to persons who have “one or more prior convictions” for an offense requiring sex offender registration under § 290, subd. (c)]; § 290, subd. (c) [sex offender registration required for persons convicted of specified offenses, including rape of an unconscious person under § 261, subd. (a)(4)].)
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