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2 Cal. App. 5th 978
Cal. Ct. App.
2016
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Background

  • In 2012 McDowell pleaded no contest to six felony burglaries and admitted an out-on-bail enhancement and a prior strike; as part of a plea bargain he received an aggregate 10-year prison term.
  • Three other counts were dismissed in the plea; one related 4-year term in a separate case ran consecutively.
  • After Proposition 47 (2014), McDowell petitioned under Penal Code §1170.18 to recall and resentence; two burglary counts were stipulated to be reduced to misdemeanors (§459.5).
  • The separate 4-year principal term had already been reduced to a misdemeanor, requiring selection of a new principal term and recomputation of the aggregate sentence.
  • Defense requested a combined 9-year term based on recalculation of terms; the prosecution sought to preserve the original 10-year aggregate sentence.
  • The trial court resentenced McDowell to the same overall 10-year term, citing the plea bargain and McDowell’s serious criminal history; McDowell appealed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Proposition 47 requires an automatic reduction in the aggregate sentence when some felony counts are resentenced as misdemeanors under §1170.18 Plaintiff (People) argued the court may resentence under the usual sentencing rules and may impose a new sentence equal to the original term McDowell argued changes in the law (Doe v. Harris) apply retroactively to plea bargains, requiring a reduced aggregate sentence when counts are reclassified Court held §1170.18 permits a resentencing that is equal to or less than the original sentence; not automatically reduced to below the prior aggregate term
Whether the trial court abused its discretion by imposing the high term on the new principal count People defended the sentence based on plea terms and defendant’s criminal history McDowell contended reliance on the plea bargain term and imposition of the high term was an abuse of discretion Court held no abuse: court permissibly relied on defendant’s serious and extensive criminal record as aggravating and otherwise complied with §1170.18

Key Cases Cited

  • Doe v. Harris, 57 Cal.4th 64 (change in law may apply retroactively to plea consequences in general)
  • People v. Sellner, 240 Cal.App.4th 699 (upon resentencing court may select a new principal term and may impose a combined term equal to the original)
  • People v. Garner, 244 Cal.App.4th 1113 (recalling sentence under reform statutes treated like §1170(d) resentencing; court may reconsider all charges)
  • People v. Roach, 247 Cal.App.4th 178 (Proposition 47 authorizes resentencing under usual sentencing procedures and permits a new sentence equal to the original)
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Case Details

Case Name: People v. McDowell
Court Name: California Court of Appeal
Date Published: Aug 26, 2016
Citations: 2 Cal. App. 5th 978; 206 Cal. Rptr. 3d 765; 2016 Cal. App. LEXIS 720; B265879
Docket Number: B265879
Court Abbreviation: Cal. Ct. App.
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