Is a convicted drug dealer entitled to have his criminal conviction reduced to a simple possession charge under section 1170.18 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Stokes, A150879 (Cal. App. 2018):

We disagree. Again, " ' "When statutory language is clear and unambiguous, there is no need for construction and courts should not indulge in it.' [Citation.]" (People v. Hendrix (1997) 16 Cal.4th 508, 512.) Stokes's 2009 conviction was for transportation of a controlled substance, a felony at that time whether the transportation was for sale or personal use, and it required an element not included in simple possession. (See, e.g., People v. Meza (1995) 38 Cal.App.4th 1741, 1746 [transportation is established by carrying or conveying a usable quantity of a controlled substance with knowledge of its presence and illegal character]; CALJIC No. 12.02.) Because Penal Code section 1170.18, by its terms, applies to offenses specifically reduced to misdemeanors by Proposition 47 or those that could have been misdemeanors when committed, and because Proposition 47 did not reduce the penalty for violations of section 11352, it

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follows that Stokes is not entitled under section 1170.18, subdivision (f) to have his 2009 conviction reduced.

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