California v. Smit

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Defendant Nicholas John Smit filed a petition to reduce his felony possession of marijuana for sale conviction to a misdemeanor. The superior court found defendant ineligible for relief because he was convicted of four counts of attempted murder in this matter, in addition to the drug conviction. The Court of Appeal concluded a concurrent conviction for attempted murder in the same case in which the defendant was charged and convicted of possessing marijuana for sale does not render the defendant ineligible for resentencing on the marijuana count. The Court, therefore, reversed the superior court’s order and remanded for further proceedings. View "California v. Smit" on Justia Law