P. v. James CA2/3
Marvin Lee James appeals from an order denying his petition for resentencing under Penal Code section 1170.18, which is part of the Safe Neighborhoods and Schools Act (Proposition 47). Our review is under People v. Wende (1979) 25 Cal.3d 436.
In 1985, James was convicted of taking a vehicle without the owner’s consent in violation of Vehicle Code section 10851, as a felony. In 2021, James petitioned for resentencing to reduce his conviction to a misdemeanor pursuant to Proposition 47 and section 1170.18. The People opposed the petition, indicating that James’s prior conviction for violating former section 288a, subdivision (c) disqualified him under section 667, subdivision (e)(2)(C)(iv). The trial court agreed with the People and denied James’s petition on June 9, 2021.
James appealed.
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