Is possession of a controlled substance while incarcerated eligible for resentencing pursuant to section 1170.18?

Here, defendant pled guilty to possession of a controlled substance while incarcerated under section 4573.8. Possession of a controlled substance while incarcerated is not an offense listed as rendering a defendant eligible for resentencing pursuant to section 1170.18. Thus, defendant is simply not statutorily eligible for resentencing pursuant to section 1170.18. (People v. Bush (2016) 245 Cal.App.4th 992, 1001 [only those statutory offenses expressly listed in 1170.18 are eligible for resentencing].)

There is simply no provision in section 1170.18 for resentencing a defendant convicted of possession of a controlled substance while incarcerated. The drafters of Proposition 47 clearly knew how to compose language to include crimes committed under section 4573.8 if they so desired. (See People v. Albillar, supra, 51 Cal.4th at p. 56.) The fact that an offense committed under section 4573.8 is not listed as eligible for resentencing indicates the drafters intended to exclude it from such eligibility. Indeed, "[t]he legislative inclusion of [specific] crimes as exceptions necessarily excludes any other exceptions [citation]." (People v. Gray (1979) 91 Cal.App.3d 545, 551.)