P. v. Sosa CA4/3
This is an unusual case. Appellant has already been to this court once in his fight to have his sentence reduced under the rubrics of Proposition 47 (codified as it applies to this case as Penal Code Section 1170.18 (Section 1170.18)). He was successful on that occasion, but it was only a battle, and we must today hold that he has lost the war.
Twenty years ago, appellant pleaded guilty to a violation of possession of a controlled substance for sale (Health & Saf. Code, § 11351). He was placed on probation, but later offenses ultimately resulted in his incarceration in a federal facility. In 2015, he petitioned for resentencing under Section 1170.18; his request was denied, and he appealed. Through a series of misadventures ultimately attributable to administrative error in the superior court and the fact he was in federal custody, his appeal was not timely filed. He sought a writ in this court, and it was granted. We ordered his appeal filed.
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