What is the effect of a 2004 second degree robbery on a defendant's eligibility to have his prior drug possession conviction redesignated as a misdemeanor?

California, United States of America


The following excerpt is from People v. Washington, A146213 (Cal. App. 2017):

5. A defendant's eligibility for relief under Proposition 47 is determined as of the date of his or her request for relief. (People v. Montgomery (2016) 247 Cal.App.4th 1385, 1392; People v. Zamarripa (2016) 247 Cal.App.4th 1179, 1184.) Therefore, it was proper for the trial court to consider the effect, if any, of defendant's 2004 second degree robbery conviction on his eligibility to have his prior 2002 drug possession conviction redesignated as a misdemeanor.

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