People v. Bradshaw

Opinion

DETJEN, Acting P. J. —

A criminal defendant is convicted of felony drug possession and admitted to probation. While his or her appeal is pending, voters enact Proposition 47, The Safe Neighborhoods and Schools Act (Proposition 47 or the Act). Is the defendant entitled to have the appellate court remand the case for resentencing under the Act? We hold the answer is no: The defendant must utilize the procedure specified by Penal Code section 1170.18. Because of the unique circumstances of this case, however, we nevertheless order a remand.

PROCEDURAL HISTORY

Patrick Randy Bradshaw…