California Court of Appeal

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People v. Lewis, 068584

In a matter of first impression on statutory interpretation of Proposition 47 -- which set of procedures and standards apply to a petitioner who is not currently incarcerated but is still serving a period either of parole or of postrelease community supervision (PRCS) for an offense which otherwise qualifies for resentencing or redesignation under Proposition 47 -- the denial of the petition for resentencing is affirmed where: 1) the existing statutory scheme contemplated that a felony sentence of the type contemplated by Pen. Code section 1170.18 would encompass both the term of confinement and any residual term of parole or PRCS, and the drafters of an initiative and the voters who enact it are aware of existing law; and thus 2) the voters, when enacting section 1170.18, subdivisions (a) and (f) as part of Proposition 47, understood that a 'sentence' would include a period of parole or PRCS for purposes of those subdivisions.

Appellate Information

  • Decided
  • Published 2016/10/28

Judges

  • O'ROURKE

Court

  • California Court of Appeal

Counsel