P. v. Davenport CA2/7
Eddis Davenport pleaded guilty in November 1997 to one felony count of fraudulent possession of a check or money order in violation of former Penal Code section 475a (now Penal Code section 475, subd. (c)). Pursuant to a negotiated agreement the trial court sentenced Davenport to a state prison term of two years.
On March 21, 2017 Davenport, representing himself, filed an application requesting that the felony conviction be designated a misdemeanor under Proposition 47, the Safe Neighborhoods and Schools Act (Pen, Code, § 1170.18). The district attorney opposed the application on the ground the amount of loss exceeded $950.00. The trial court denied the application, finding the conviction did not qualify as a misdemeanor under Proposition 47.
Davenport filed a timely notice of appeal, challenging the denial of his application.
Comments on P. v. Davenport CA2/7