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People v. Adelmann

Filed 5/10/18 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Appellant, ) ) S237602 v. ) ) Ct.App. 4/2 E064099 STEVEN ANDREW ADELMANN, ) ) Riverside County Defendant and Respondent. ) Super. Ct. No. SWF1208202 ____________________________________) Proposition 47 lowered the penalty for several crimes and provided a mechanism for resentencing under the more lenient provisions. The resentencing statute provides that a person “may petition for a recall of sentence before the trial court that entered the judgment of conviction.”1 (Pen. Code,2 § 1170.18, subd. (a).) Unrelated to the changes enacted by Proposition 47, if a defendant has been placed on probation in one county but permanently resides in another, the case may be transferred to the county of residence. (§ 1203.9.) The question here is where a defendant, whose probation case has been transferred, must file a petition for resentencing. We hold that the petition should be filed in the original sentencing court. 1 We hereafter refer to “the trial court that entered the judgment of conviction” (Pen. Code, § 1170.18, subd. (a)) as “the original sentencing court” or, simply, “the sentencing court.” 2 Unspecified statutory references will be to the Penal Code. 1 I. BACKGROUND In August 2012, defendant pled guilty in San Diego County Superior Court to felony drug possession and driving under the influence of drugs.3 The San Diego court placed defendant on formal felony probation for three years. Because defendant lived in Riverside County, the court transferred his case there. (See § 1203.9; Cal. Rules of Court, rule 4.530.) In January 2015, defendant filed a petition in Riverside County to recall his felony sentence and impose a misdemeanor term under Proposition 47. (§ 1170.18.) The People opposed the petition on the sole ground that it should have been filed in San Diego. Defense counsel represented that he had tried to file the petition there but “the San Diego County Court Clerk rejected the filing and said they had no file. The whole matter was transferred to Riverside County.” The prosecutor did not dispute defense counsel’s representation but maintained that section 1170.18 required a filing in San Diego. The Riverside court granted defendant’s petition and the People appealed. The Court of Appeal affirmed. II. DISCUSSION The People4 renew their argument that section 1170.18 required defendant to file his resentencing petition in San Diego. Defendant counters that, under the probation transfer statute, because the court of the receiving county had accepted “the entire jurisdiction over the case” (§ 1203.9, subd. (b)), Riverside was the proper venue for his petition. The dispute requires us to construe the two statutes and harmonize them if possible. (926 North Ardmore Ave., LLC v. County of Los 3 Health and Safety Code section 11350, subdivision (a), Vehicle Code section 23152, former subdivision (a) (now subdivision (f)). Defendant also admitted a prior conviction for driving under the influence. (Veh. Code, § 23540, subd. (a).) 4 The People are represented here by the Riverside County District Attorney. 2 Angeles (2017) 3 …
Original document
Source: California Supreme Court