People v. Garcia – Prop 47 applies even where imposition of sentence was suspended

This is an important case out of the Sixth Appellate district, which arose out of the Monterey Superior Court.  There, a defendant brought a petition for resentencing under Proposition 47 to have her felony conviction for methamphetamine possession reduced to a misdemeanor.

The court originally had suspended the imposition of sentence, placed her on felony probation for three years, conditioned on her serving 60 days in jail, among other terms.  The DA argued that she had not therefore been sentenced, and the trial court agreed, denying the petition.  She appealed, and the court of appeal reversed, holding that the voters did not intend to limit Prop 47 relief to individuals sent to prison.

You can read the full text of the decision here: http://cases.justia.com/california/court-of-appeal/2016-h042396.pdf?ts=1457470821