People v. Garcia

Opinion

ELIA, Acting P. J.

— Defendant Rafaela Garcia brought this appeal to challenge an order denying her petition for resentencing under Penal Code section 1170.18 (section 1170.18). She contends that the court failed to appreciate that she was eligible to have her conviction of possession of methamphetamine reduced to a misdemeanor, pursuant to Proposition 47. The People concede the error, and we agree that the court erred in refusing to consider defendant’s petition.

Background

Defendant was charged by complaint with felony possession of methamphetamine on May 17, 2012, a violation of Health…