What is the test for reducing a criminal conviction to a misdemeanor under Proposition 47 of the California Penal Code?
California, United States of America
The following excerpt is from People v. Reviere, E064950 (Cal. App. 2016):
We also note that "[r]obbery is 'the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.' ( 211.) It is the use of force or fear which distinguishes robbery from grand theft [or petty theft] from the person." (People v. Mungia (1991) 234 Cal.App.3d 1703, 1707.) Moreover, Proposition 47 lists a specific series of crimes that qualify for reduction to a misdemeanor, separated with the conjunction "or" and ending with the phrase "as those sections have been amended or added by this act." ( 1170.18, subd. (a).) Again, that list does not include section 211. "The legislative inclusion of the . . . crimes . . . necessarily excludes any other[s]" (People v. Gray (1979) 91 Cal.App.3d 545, 551.) Based on the statutory language, the
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court properly denied defendant's petition to reduce his robbery conviction to a misdemeanor.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
The judgment is affirmed.
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