California v. Soto

Israel Soto appealed an order denying his petition to reduce his felony conviction for theft from an elder to a misdemeanor. He sought relief under section 1170.18, the Safe Neighborhoods and Schools Act, which was enacted by California voters in November 2014 pursuant to Proposition 47. The trial court denied Soto's petition on the basis that his conviction was categorically ineligible for relief. Appointed appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967) and California v. Wende, 25 Cal.3d 436 (1979), and Soto filed a supplemental brief on his own behalf. The Court of Appeal asked for supplemental briefing on whether Soto's conviction under section 368(d) was eligible for reclassification under Proposition 47 following California v. Page, 3 Cal.5th 1175 (2017). Having reviewed the submissions, the Court concluded Soto was ineligible for relief and affirmed. View "California v. Soto" on Justia Law