P. v. Hernandez CA5
In 2013, appellant Chris Hernandez pled no contest to one felony count of transportation of methamphetamine, a violation of Health and Safety Code section 11379, subdivision (a), in exchange for dismissal of other counts. In 2017, Hernandez filed a petition for reduction of his conviction to a misdemeanor pursuant to Penal Code section 1170.18, subdivision (f). The petition was denied without prejudice and Hernandez appeals.
The California Supreme Court in People v. Martinez (2018) 4 Cal.5th 647 (Martinez) holds that convictions under former section 11379 for transportation of a controlled substance, even if the transportation was not for sale, are not eligible for Proposition 47 relief. (Martinez, supra, at pp. 654–656.) Therefore, we affirm.
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