California, United States of America
The following excerpt is from People v. Fagan, E064799 (Cal. App. 2016):
After the notice of appeal was filed, this court appointed counsel to represent defendant. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, and identifying several potential arguable issues: (1) whether the plain meaning of Penal Code section 1170.18, subdivision (i)'s language is ambiguous or not; (2) if subdivision (i) is an ambiguous provision, which construction best "harmonizes the statute internally and with related statutes?"; (3) whether Proposition 47 relief extends to convictions sustained pursuant to a plea agreement; and if so, whether the prosecution was entitled to the benefit of a plea bargain that predated Proposition 47; and (4) whether the trial court erred in denying defendant's request to strike his two prison priors because
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the conduct underlying those convictions was now classified as misdemeanor conduct under Proposition 47.
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