People v. Bastidas
212 Cal. Rptr. 3d 716
Cal. Ct. App.2017Background
- Franklin Bastidas pleaded no contest in 2013 to a felony drug possession (Health & Safety Code §11350(b)), imposition of sentence was suspended, and he was placed on felony probation for five years.
- After a 2015 probation violation, Bastidas sought to have his felony reduced to a misdemeanor; the trial court initially denied relief under Estrada but later granted a petition under Proposition 47 (§1170.18) and redesignated the conviction as a misdemeanor; probation was terminated.
- Proposition 47 (2014) reclassified certain felony/wobbler offenses as misdemeanors and created a resentencing procedure in Penal Code §1170.18 for persons “currently serving a sentence,” while preserving firearm-disability consequences for resentenced persons (§1170.18(k)).
- Bastidas argued he was entitled to retroactive relief under In re Estrada (1965) and thus not subject to the firearm prohibition because, with imposition of sentence suspended, he was not "currently serving a sentence" under §1170.18(a).
- The Court of Appeal held the phrase "serving a sentence" in §1170.18(a) is ambiguous but, considering ballot materials and statutory purpose, concluded probationers fall within §1170.18(a) and thus remain subject to the statutory procedure and the firearm ban.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a person on probation with imposition of sentence suspended is "currently serving a sentence" under Penal Code §1170.18(a) for Proposition 47 resentencing | People: §1170.18 covers persons subject to judicially imposed sanctions (including probation); voters intended the §1170.18 procedure to be the exclusive remedy and to reach probationers | Bastidas: Probation (suspension of sentence) is not a "sentence"; Estrada retroactivity should apply outside §1170.18 so probationers can avoid the firearm ban | The phrase is ambiguous but, reading ballot materials and purpose broadly, probationers are "serving a sentence" under §1170.18(a); affirming trial court order |
Key Cases Cited
- In re Estrada, 63 Cal.2d 740 (Cal. 1965) (statutory amendments mitigating punishment apply retroactively absent contrary legislative intent)
- People v. Davis, 246 Cal.App.4th 127 (Cal. Ct. App. 2016) (§1170.18 "sentence" can include probation; petition procedures govern relief)
- People v. Shabazz, 237 Cal.App.4th 303 (Cal. Ct. App. 2015) (voter intent requires trial-court §1170.18 applications; Estrada not available as separate route)
- People v. Conley, 63 Cal.4th 646 (Cal. 2016) (discussion of saving clauses and electorate intent regarding retroactivity)
- People v. Garcia, 245 Cal.App.4th 555 (Cal. Ct. App. 2016) (construed "sentence" to include grants of probation for §1170.18 purposes)