P. v. Campos CA4/2
Defendant and appellant, Paul Robert Campos, appeals from the denial of his petition for resentencing under Penal Code section 1170.18, added by the Safe Neighborhoods and Schools Act (Proposition 47). Defendant sought to reduce his felony conviction for unlawfully taking or driving a vehicle (Veh. Code, § 10851) to a misdemeanor. But defendant’s offense, no contest plea, and sentencing occurred well after the effective date of Proposition 47. The new misdemeanor penalty provisions of Proposition 47 were available to defendant at the time he pled no contest to a felony violation. Penal Code section 1170.18 does not permit a defendant in this situation—whose offense occurred after the effective date of Proposition 47—to belatedly challenge his plea and sentence. We therefore affirm the order denying his petition for resentencing.
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