In 2013, Ms. Garcia pleaded guilty to felony possession of methylamphetamine, H&S 11377. Imposition of sentence was suspended and she was placed on a grant of felony probation. Following the November 2014 passage of Proposition 47, Garcia petitioned the trial court under PC 1170.18 to reduce her conviction to a misdemeanor.
The trial court denied her petition on the basis that to be eligible for 1170.18 relief requires one to be "serving a sentence" and as imposition of sentence had been suspended, Garcia was not actually serving a sentence. Garcia appealed.
The Sixth District reverses, finding Garcia was "serving a sentence" within the meaning of PC 1170.18. Although the Attorney General conceded the issue, the trial court's interpretation is not without a legitimate basis. Within certain statutes, California's courts of appeal have interpreted "sentence" to exclude a probation for whom imposition of sentence has been suspended.
However within the context of PC 1170.18, the panel holds otherwise and remands the case for the trial judge to reconsider Garcia's petition.
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