People v. Garcia, 199 Cal.Rptr.3d 396

Rafaela Garcia was charged with felony possession of methamphetamine (Health & Safety Code §11377(a)) and, on June 21, 2013, the court suspended imposition of sentence and placed her on three years felony probation with 60 days jail.
On March 9, 2015 Garcia petitioned for resentencing under Penal Code §1170.18 (Proposition 47) to reduce the felony to a misdemeanor.
The district attorney opposed in the trial court, arguing Garcia was not "sentenced" because imposition of sentence had been suspended; the trial court denied the petition adopting a narrow/"traditional" meaning of "sentenced."
On appeal the People conceded the trial court erred and that probationers fall within §1170.18’s scope; the Court of Appeal agreed the trial court should have considered the petition.
The court construed §1170.18 liberally to include defendants with felony dispositions who are serving probation (including suspended imposition of sentence), remanding for reconsideration of Garcia’s petition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a person placed on felony probation after suspension of imposition of sentence is "currently serving a sentence" under Penal Code §1170.18	People conceded Proposition 47/§1170.18 covers felony dispositions that include probation; the statute should be read to include probationers	Garcia argued her grant of probation/suspended imposition constituted a sentence and made her eligible for resentencing under §1170.18	Court held §1170.18 applies to defendants serving felony dispositions on probation (including suspended imposition); reversed and remanded for consideration of the petition

T . W . v . Superior Court, 236 Cal.App.4th 646 (discussing §1170.18 resentencing procedure)
People v . Rivera, 233 Cal.App.4th 1085 (interpreting Proposition 47 resentencing provisions)
People v . Howard, 16 Cal.4th 1081 (noting court’s options at sentencing to suspend imposition or suspend execution)
In re DeLong, 93 Cal.App.4th 562 (characterizing probation with suspended imposition as a form of sentencing)
People v . Shabazz, 237 Cal.App.4th 303 (treating resentencing mechanism as applying to those "sentenced or placed on probation")
Robert L . v . Superior Court, 30 Cal.4th 894 (instructing that voter initiative language is interpreted by ordinary meaning and ballot materials)
Horwich v . Superior Court, 21 Cal.4th 272 (same principle on interpreting initiatives)
People v . Birkett, 21 Cal.4th 226 (same principle on interpreting initiatives)
People v . Mendoza, 106 Cal.App.4th 1030 (discussing the phrase "sentenced to probation")