P. v. Dadanian CA2/1
On March 2, 2015, Jack G. Dadanian, who had a long criminal history including a conviction for forcible sexual penetration (Pen. Code, § 289, subd. (a)(1)), pleaded guilty to possession of heroin by a specified prior felon, and was sentenced to 16 months in prison (Health & Saf. Code, § 6600, subd. (b)).
On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act, which reduces certain nonserious and nonviolent crimes, such as low-level drug- and theft-related offenses, from felonies to misdemeanors. (People v. Contreras (2015) 237 Cal.App.4th 868, 889-890.) A qualifying person serving a sentence for a felony that was reclassified under Proposition 47 may petition the trial court for a recall of sentence and request resentencing, which must be granted “unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.” (Pen. Code, § 1170.18, subds. (a)-(c).)
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