California, United States of America
The following excerpt is from People v. Trimble, A147345 (Cal. App. 2017):
On March 30, 2015, acting in propria persona, appellant sought to represent himself by filing a Faretta motion2 seeking an order authorizing him to represent himself and also requesting relief under section 1170.18 in this case (No. 291074). On June 30, 2015, in this case, appellant asked the court to reduce the prior conviction in a 2007 case (No. 241139), of unauthorized possession of a controlled substance in violation of Health and Safety Code section 11377, which was the basis of one of the four one-year prior prison term enhancements in this case, from a felony to a misdemeanor. At the time appellant was convicted of that offense, possession of a controlled substance in violation of Health and Safety Code section 11377 was punishable as either a felony or a misdemeanor. (People v. Lynall (2015) 233 Cal.App.4th 1102, 1108.) As a result of Proposition 47 the offense was made punishable as a misdemeanor "unless the defendant 'has one or more prior convictions' for an offense specified in section 667, subdivision
Page 3
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.