Is a defendant eligible for relief under Proposition 47 due to his prior conviction for attempted murder?

California, United States of America


The following excerpt is from People v. Aguilar, B271453 (Cal. App. 2017):

The trial court determined that defendant was not eligible for relief under Proposition 47 due to his 2014 conviction for attempted murder, which is a super strike offense. (See 667, subd. (e)(2)(C)(iv)(IV) [covering "[a]ny homicide offense"].) Defendant challenges this ruling, asserting that Proposition 47's bar to relief for persons with a "prior [super strike] conviction" only applies if that conviction was incurred prior to the commission of the offense the defendant seeks to redesignate. This is a question of statutory interpretation that we review de novo. (People v. Prunty (2015) 62 Cal.4th 59, 71.)

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