*463The Safe Neighborhoods and Schools Act, enacted by the voters as Proposition 47 in the November 2014 election, downgrades several felonies and wobblers to misdemeanors and permits persons convicted of those felonies and wobblers to have them redesignated as misdemeanors. (Pen.Code, § 1170.18.)
FACTS AND PROCEDURAL BACKGROUND
In September 2013, the People charged Jaimee J. Williams (defendant) and a codefendant with eight crimes, including felony grand theft involving property worth more than $950. (§ 487, subd. (a).)
*464In March 2015, defendant filed a petition in Orange County Superior Court requesting, under Proposition 47, that her felony petty theft with a prior conviction be reduced from a felony to a misdemeanor. Her petition was granted.
In April 2015, defendant filed a motion seeking to be resentenced in the felony grand theft case on the ground that the redesignation of the petty theft with a prior conviction as a misdemeanor meant it was no longer a prior prison term for a felony under section 667.5, subdivision (b); thus, she argued, she was entitled to have her felony grand theft sentence reduced by a year.
The trial court denied the motion. The court reasoned that "the focus of [section] 667.5(b)[ ] is not on the underlying criminal conduct that resulted in the felony conviction, but on the status of [the] defendant as a recidivist, a repeat offender, showing a pattern of ongoing criminal conduct, despite a prison term." Due to this focus, the redesignation of defendant's petty theft with a prior conviction from a felony to a misdemeanor did not "unravel[ ] the underlying [section] 667.5(b) punishment,"
*758and thus provided no occasion for resentencing.
Defendant timely appeals.
DISCUSSION
Proposition 47 redesignates as misdemeanors "certain drug- and theft-related offenses" that were charged as felonies or charged as "wobblers" (that is, offenses that are punishable as a felony until a court reduces them to a misdemeanor) and ultimately sentenced as felonies.
This is the question presented here.
I. Statutory Interpretation
The principles for interpreting a proposition enacted by popular vote are the same as those used to interpret a statute enacted by our Legislature. (People v. Park (2013)
Applying these principles, we conclude that the redesignation of a felony or wobbler to a misdemeanor under Proposition 47 applies prospectively (that is, from the date of redesignation forward), but not retroactively (that is, as if the offense had been a misdemeanor from the date it was committed).
A. Text of Proposition 47
The text of Proposition 47 does not speak directly to the question of whether the redesignation of a felony as a misdemeanor has a retroactive effect. However, the text implies that redesignation is to have no retroactive effect for two reasons.
First, and as noted above, the text of Proposition 47 creates two separate mechanisms for redesignating felonies or wobblers sentenced as felonies: The first applies to a defendant "currently serving a sentence for [that] conviction[ ]," and allows for the "recall" of that felony sentence and for resentencing contingent upon a finding that the redesignation will not pose an "unreasonable risk that the [defendant] will commit a new violent felony within the meaning of" section 667, subdivision (e)(2)(c)(iv). (§ 1170.18, subds. (a) & (b).) The second applies to a defendant who has "completed his or her sentence" and allows for re-"designation" of that offense as a misdemeanor. (§ 667, subds. (f) & (g).) Tellingly, the text does not create a mechanism for obtaining a resentencing on a felony not affected by Proposition 47 just because an offense underlying one of its enhancements is so affected. (Valenzuela , supra,
This is significant because Proposition 47 expressly provides that the two mechanisms it creates are meant to be exhaustive, not illustrative: "Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this act." (§ 1170.18, subd. (n) ; accord, *760Carrea,supra, 244 Cal.App.4th at pp. ---- - ----,
Second, Proposition 47 borrows language from section 17 that has a well-defined meaning and that does not grant an offense's redesignation as a misdemeanor retroactive effect. Proposition 47 expressly provides that "[a]ny felony conviction that is recalled and resentenced" under either of the two statutory mechanisms "shall be considered a misdemeanor for all purposes. " (§ 1170.18, subd. (k), italics added.)
"[W]hen a wobbler is reduced to a misdemeanor [under section 17], the offense thereafter is deemed a 'misdemeanor for all purposes.' " (Park,supra, 56 Cal.4th at p. 795,
*468People v. Rowland (1937)
Because "identical language appearing in separate statutory provisions should receive the same interpretation when the statutes cover the same or analogous subject matter" (People v. Cornett (2012)
This is precisely why the appeal of a redesignated offense under Proposition 47 lies with the Court of Appeal and not the Appellate Division-namely, because the redesignation does not retroactively convert the offense to a misdemeanor at the time of charging, which is the relevant point in time for determining where an appeal lies. (Lynall,supra, 233 Cal.App.4th at pp. 1110-1111,
Defendant urges that we depart from the general canon of statutory interpretation that points us to section 17's interpretation and that we instead read the phrase "misdemeanor for all purposes" literally, giving effect to the lexical truism that "all means all" ( *762Rubin v. W. Mutual Ins. Co. (1999)
To begin, she notes that Proposition 47 directs that its provisions "shall be liberally construed to effectuate its purposes." (Voter Information Guide, Gen. Elec. (Nov. 4, 2014) text of Prop. 47, § 18, p. 74.) However, it is well settled that "the legislative intent in favor of the retrospective operation of a statute cannot be implied from the mere fact that the statute is remedial and subject to the rule of liberal construction." (Di Genova v. State Board of Education (1962)
Next, defendant points us to the voters' decision to carve out a single exception to Proposition 47's "misdemeanor for all purposes" declaration-namely, that any "such resentencing shall not permit that person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction" under provisions governing possession of firearms by prohibited persons. (§ 1170.18, subd. (k).) Defendant reasons that the inclusion of this exception precludes any other exceptions, including any "exception" against retroactive effect. (E.g., Alejandro N. v. Superior Court (2015)
Further, defendant argues that Proposition 47 is different from section 17 because Proposition 47 makes redesignation automatic upon a finding that an eligible defendant's conduct "would have been a misdemeanor under [the Proposition] had [it] been in effect at the time of the offense" (§ 1170.18, subds. (f), (g) & (i) ), while section 17 makes redesignation discretionary as a reward for a defendant's demonstrated good conduct on probation. However, the distinction defendant urges us to draw does not always exist: Prosecutors can charge a wobbler offense as a misdemeanor at the outset unless the defendant objects (§ 17, subd. (b)(4)), and judges can redesignate a wobbler offense as a misdemeanor before or during the preliminary examination (§ 17, subd. (b)(5)); in either case, there is no period of probation during which time the defendant can "earn" his or her redesignation. Even if a wobbler is sometimes reduced as a "reward," this distinction does not provide a basis for treating section 17 differently from Proposition 47 for purposes of retroactivity. Relatedly, the fact that Proposition 47 requires a retrospective inquiry-requiring a court to ask whether the defendant's conduct would have constituted a "misdemeanor had *763[Proposition 47] been in effect at the time of that" conduct-does not mean that it requires a retroactive effect. The Proposition downgrades the offenses it enumerates by altering the definitions of existing offenses and creating new misdemeanor offenses; the only way a court can apply the Proposition is to examine what the defendant did and assess whether that conduct fits into these new definitions or offenses. Thus, the retrospective inquiry is a product of how Proposition 47 works, and nothing more.
Lastly, defendant asserts that we should construe Proposition 47 differently because it would be "absurd" not to give redesignations a retroactive effect. (See generally, Hudec v. Superior Court (2015)
Our construction of Proposition 47's text is consistent with the emerging consensus that a Proposition 47 redesignation does not apply retroactively. (See Valenzuela,supra,
B. Purpose of Proposition 47
The statutory purposes of Proposition 47 also do not speak to whether the redesignation of an offense should have retroactive effect; however, like its text, Proposition 47's purposes imply it should not. Sections 2 and 3 of Proposition 47 lay out the voters' chief aims-"ensur[ing] that prison spending is focused on violent and serious offenses," "maximiz[ing] alternatives for nonserious, nonviolent crime," and "invest[ing] the savings generated from this act into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment." (Voter Information Guide, supra, text of Prop. 47, §§ 2 & 3, p. 70.) These purposes do not necessarily include giving redesignations retroactive effect. Moreover, such an effect would obligate a court to resentence on any offense, including violent crimes, enhanced by a redesignated offense. This would directly contravene the voters' expressed intent that "people convicted of murder, rape, and child molestation ... not benefit from this act." (Voter Information Guide, § 3(1), p. 70.) We therefore reject defendant's argument that the voters' intent to generate savings by freeing up jail space-a goal defendant says is better achieved by making redesignation *764fully retroactive-should be given dispositive weight. (Accord, Valenzuela , supra,
C. Interpretive canons
Proposition 47 does not rebut the statutory presumption that amendments to the Penal Code operate prospectively. Section 3 provides that "[n]o part of [the Penal Code] is retroactive, unless expressly so declared." This presumption "codif[ies] 'the time-honored principle that ... in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature [or voters] ... must have intended a retroactive application.' " ( *472People v. Brown (2012)
Defendant raises two challenges to this analysis. First, he cites People v. Flores (1979)
Second, defendant argues that section 3's general presumption of prospectivity is subject to the counter-presumption of retroactivity set forth in In re Estrada (1965)
D. Effect of section 667.5, subdivision (b)
Because this case lies at the intersection of Proposition 47 and section 667.5, subdivision (b), we also examine whether anything in the text or purpose of section 667.5, subdivision (b) counsels in favor of resentencing a defendant to eliminate this enhancement if the offense resulting in a term of imprisonment is later redesignated as a misdemeanor under Proposition 47. Nothing does.
Section 667.5, subdivision (b) provides that a "court shall," when imposing a sentence of imprisonment on any felony, "impose a[n additional, consecutive] one-year term for each prior separate prison term or county jail term ... for any felony." (§ 667.5, subd. (b).) Although our Supreme Court has previously commented that "667.5(b) is aimed primarily at the underlying felony conviction, and only secondarily, as an indicium of the felony's seriousness, at the prior prison term" (People v. Prather (1990)
For all these reasons, we hold as a matter of statutory construction that the redesignation of a felony or wobbler under Proposition 47 operates from the moment of redesignation forward and does not retroactively alter the designation of that crime as a felony or wobbler.
II. Equal Protection
"Even where the Legislature expressly intends an ameliorative provision to apply prospectively, constitutional considerations may require that it be applied retroactively." (In re Chavez (2004)
Defendant makes two equal protection arguments. First and foremost, he argues that refusing to give a Proposition 47 redesignation retroactive effect sets up two classes of defendants: (1) those sentenced now , who are able to avoid enhancements based on prior felony or wobbler convictions (because the redesignations they obtain on those prior convictions apply prospectively); and (2) those sentenced in the past, who are unable to avoid enhancements based on prior felony or wobbler convictions (because the redesignations they obtain on those prior convictions do not apply retroactively). What distinguishes these two classes of defendants is whether the defendants were able to seek redesignation before or after the current sentence was imposed, which in turn is a function of the date Proposition 47 took effect. However, it is well settled that " '[a] reduction of sentences only prospectively from the date a new sentencing statute takes effect is not a denial of equal protection.' " ( *475People v. Floyd (2003)
Second, defendant cites Kapperman,supra,
Kapperman and Chavez are also distinguishable. Kapperman held that equal protection compelled the award of presentence credits against sentences for convictions that were final prior to the enactment of the statute recognizing those credits. (Kapperman, supra, 11 Cal.3d at pp. 544-545,
*476We are not alone in our analysis of the issue: Valenzuela,Ruff and Carrea have rejected identical equal protection challenges. (Valenzuela,supra,
DISPOSITION
We concur:
BOREN, P.J.
ASHMANN-GERST, J.
Unless otherwise noted, all further statutory references are to the Penal Code.
Defendant was also charged with first-degree burglary (Pen.Code, § 459 ); possession of methamphetamine (Health & Saf.Code, § 11377, subd. (a) ); receiving stolen property (Pen.Code, § 496, subd. (a) ); identity theft (Pen.Code, § 530.5, subd. (a) ); and three counts of identifying information theft (Pen.Code, § 530.5, subd. (c)(1) ).
The People also alleged defendant's 2008 conviction for assault with a deadly weapon (§ 245, subd. (a)(1)) as a second strike.
These redesignated offenses can be found in sections 459.5, 473, 476a, 490.2, 496 and 666, as well as in Health and Safety Code sections 11350, 11357, 11377. (Pen.Code, § 1170.18, subds. (a) & (b).)
Our Supreme Court currently has many separate but related questions pending before it, including (1) whether Proposition 47 entitles a defendant to vacate a felony conviction for failing to appear in court while charged with an offense redesignated as a misdemeanor (see People v. Eandi(2015)
In full, subdivision (k) provides: "Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes, except that such resentencing shall not permit that person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6." (§ 1170.18, subd. (k).)