People v. Descano

Opinion

REARDON, J.

Defendant Vincent James Descano appeals from an order denying his petition for recall of sentence and resentencing pursuant to Penal Code section 1170.18, which was enacted as part of Proposition 47. On appeal, he contends the trial court erred in determining that his conviction for cultivating marijuana (Health & Saf. Code, § 11358) was not eligible for resentencing under Proposition 47 and that this ruling violated his right to equal protection. We affirm the judgment.

I. BACKGROUND

According to the record, defendant was arrested on or about June 29, 2013, following the…