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People v. Shabazz

California Court of Appeals, Second District, Fifth Division

June 1, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
LENNAL KHABIR SHABAZZ, Defendant and Appellant.

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

APPEAL from a judgment of the Superior Court of Los Angeles County, No. BA418152 Edmund Willcox Clarke, Jr., Judge. ┼

Page 304

[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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COUNSEL

Sylvia Ronnau, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Susan Sullivan Pithey and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

Page 307

OPINION

TURNER, P. J.

I. INTRODUCTION

Defendant, Lennal Khabir Shabazz, appeals after pleading no contest to two felonies, methamphetamine possession (Health & Saf. Code, § 11377, subd. (a)) and receiving stolen property (Pen. Code, [1] § 496, subd. (a)). The trial court issued a probable cause certificate. He pled no contest on March 21, 2014. On the same date, defendant was sentenced to two years in the county jail. No mandatory supervision was imposed. Defendant received credit for 272 days in presentence custody. He completed his sentence on September 24, 2014.

In the published portion of this opinion, we discuss whether we are required to reduce defendant’s two felony convictions to misdemeanors. After defendant completed his sentence, on November 4, 2014, the voters approved Proposition 47. (Prop. 47, as approved by voters, Gen. Elec. (Nov. 4, 2014).) As we will explain, defendant, if he files an application in the trial court, is potentially entitled to have his felony convictions reduced to misdemeanors provided he does not have a disqualifying prior conviction. (§ 1170.18, subds. (f)-(h).) At issue is whether we can order the reduction of his felony convictions to misdemeanors. For the reasons we explain, we cannot because the voters have expressly required he file an application in the trial court to reduce his felony convictions to misdemeanors. In ...


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