People v. Ratliff CA2/3
B264587
| Cal. Ct. App. | Aug 1, 2016Background
- In 1995 Deveron Jacques Ratliff was convicted of conspiracy to commit a crime (Pen. Code § 182(a)(1)) and sentenced to two years in prison.
- On April 24, 2015 Ratliff petitioned under Proposition 47 (Pen. Code § 1170.18) to have his felony conviction designated a misdemeanor.
- The trial court denied the petition the same day, concluding Proposition 47 does not apply to conspiracy convictions.
- Ratliff appealed; appellate counsel filed a brief requesting independent review under People v. Wende and notified Ratliff of his right to submit issues.
- Ratliff filed a supplemental brief raising numerous unrelated challenges to prior serious-felony findings, not directly tied to the Proposition 47 petition.
- The Court of Appeal affirmed the trial court, holding Proposition 47 does not convert conspiracy convictions to misdemeanors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Proposition 47 permits reclassification of a felony conspiracy conviction to a misdemeanor | People: Prop 47 does not apply to conspiracy; only enumerated substantive offenses are eligible | Ratliff: his felony should be designated a misdemeanor under Prop 47 (§ 1170.18) | Court: Denied — Prop 47 does not cover conspiracy convictions (affirmed) |
| Whether any arguable appellate issues exist warranting reversal or further relief | People: Trial court correctly applied law; no reversible error | Ratliff: raised collateral issues about prior serious-felony findings | Court: No arguable appellate issue found; counsel complied with Wende duties |
Key Cases Cited
- People v. Segura, 239 Cal.App.4th 1282 (Cal. Ct. App. 2015) (Prop 47 does not apply to conspiracy convictions)
- People v. Lynall, 233 Cal.App.4th 1102 (Cal. Ct. App. 2015) (overview of Prop 47 eligibility and scope)
- People v. Wende, 25 Cal.3d 436 (Cal. 1979) (procedure for independent appellate review when counsel finds no arguable issues)
- Smith v. Robbins, 528 U.S. 259 (U.S. 2000) (standards for counsel's duties on appeal when no meritorious issues are found)
- People v. Kelly, 40 Cal.4th 106 (Cal. 2006) (confirming appellate counsel responsibilities and review standards)