People v. Mutter

Opinion

MILLER, J.—

The trial court denied the Proposition 47 petition for resen-tencing of defendant and appellant James Carl Mutter. (Pen. Code, § 1170.18.) Defendant contends the trial court erred because the crime for which he sought resentencing—possession or receipt of counterfeit currency (§ 475, subd. (a))—is a misdemeanor after the passage of Proposition 47. The denial of the petition is reversed.

FACTUAL AND PROCEDURAL HISTORY

Defendant was charged with two offenses, both alleged to have occurred on or about November 30, 2013: (1) forgery, in that defendant willfully and unlawfully…