People v. Bastidas

Opinion

SIMONS, J.

Proposition 47, the Safe Neighborhoods and Schools Act, enacted in 2014, reduced certain offenses that could be charged as either felonies or misdemeanors to misdemeanors. And, in newly enacted Penal Code section 1170.18, former subdivision (a), 1 the Proposition authorized persons “currently serving a sentence” for a felony conviction for such crimes to petition for resentencing. However, those resentenced individuals are still subject to a ban on possessing a firearm. (§ 1170.18, subd. (k).)

Prior to the enactment of Proposition 47, appellant Franklin Bastidas had entered a…