P. v. Ortiz CA2/6
In People v. Hatt (2018) 20 Cal.App.5th 321 (Hatt), we held that “a person who suffers a disqualifying conviction after filing a redesignation application but prior to the trial court’s ruling on that application is barred from relief under [Penal Code] section 1170.18.” (Hatt at p. 324.) The Hatt decision guides our analysis of this Proposition 47 appeal.
Appellant Jose Luis Ortiz, Jr. applied to have his 2006 felony drug conviction redesignated as a misdemeanor. The trial court continued the matter pending the outcome of an attempted murder case against appellant. After appellant was convicted the court denied his redesignation request. Following Hatt, we affirm the denial of appellant’s application.
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