Legal Opinion

People v. Vasquez

California Court of Appeal

Decided May 17, 2016No. B264637PublishedCited by 8 opinions

1Opinion of the Court

Opinion

COLLINS, J.

INTRODUCTION

Appellant Joel Benjamin Vasquez petitioned to have his 1995 felony conviction designated as a misdemeanor pursuant to Proposition 47. He also asked the court to vacate his resulting 16-month sentence. The court granted Vasquez’s petition to redesignate his conviction, but denied his request to vacate the completed sentence.

We affirm. Penal Code section 1170.18 1 allows resentencing only for petitioners currently serving a sentence for a qualifying felony. Because Vasquez was not currently serving the sentence relating to his qualifying conviction, section 1170.18…

2Cases cited10 opinions

  1. People v. RiveraCalifornia Court of Appeal · 2015
  2. People v. PruntyCalifornia Supreme Court · 2015
  3. People v. KaramanCalifornia Supreme Court · 1992
  4. People v. RizoCalifornia Supreme Court · 2000
  5. People v. JohnsonCalifornia Supreme Court · 2015

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3Cited by8 opinions

  1. People v. CortezCalifornia Court of Appeal · 2016
  2. San Diego Cnty. Health & Human Servs. Agency v. E.A. (In re E.A.), California Court of Appeal, 5th District2018
  3. People v. KhamvongsaCalifornia Court of Appeal · 2017
  4. People v. Onesra Enterprises, Inc.Appellate Division of the Superior Court of California · 2016
  5. Humboldt County Adult Protective Services v. Superior Court of Humboldt CountyCalifornia Court of Appeal · 2016

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