People v. Adelmann
People v. Adelmann
Opinion
**787 *422 *1074 Proposition 47 lowered the penalty for several crimes and provided a mechanism for resentencing under the more lenient provisions. The resentencing statute provides that a person "may petition for a recall of sentence before the trial court that entered the judgment of conviction." 1 ( Pen. Code, 2 § 1170.18, subd. (a).) Unrelated to the changes enacted by Proposition 47, if a defendant has been placed on probation in one county but permanently resides in another, the case may be transferred to the county of residence. (§ 1203.9.) The question here is where a defendant, whose probation case has been transferred, must file a petition for resentencing. We hold that the petition should be filed in the original sentencing court.
I. BACKGROUND
In August 2012, defendant pled guilty in San Diego County Superior Court to felony drug possession and driving under the influence of drugs. 3 The San Diego court placed defendant on formal felony probation for three years. Because defendant lived in Riverside County, the court transferred his case there. (See § 1203.9; Cal. Rules of Court, rule 4.530.) In January 2015, defendant filed a petition in Riverside County to recall his felony sentence and impose a misdemeanor term under Proposition 47. ( § 1170.18.) The People opposed the petition on the sole ground that it should have been filed in San Diego. Defense counsel represented that he had tried to file the petition there but "the San Diego County Court Clerk rejected the filing and said they had no file. The whole matter was transferred to Riverside County." The prosecutor did not dispute defense counsel's representation but maintained that section 1170.18 required a filing in San Diego. The Riverside court granted defendant's petition and the People appealed. The Court of Appeal affirmed.
*1075 II. DISCUSSION
The People
4
renew their argument that section 1170.18 required defendant to file his resentencing petition in San Diego. Defendant counters that, under the probation
*423
transfer statute, because the court of the
receiving county
had accepted "the entire jurisdiction over the case" (§ 1203.9, subd. (b) ), Riverside was the proper venue for his petition. The dispute requires us to construe the two statutes and harmonize them if possible. (
926 North Ardmore Ave., LLC v. County of LosAngeles
(2017)
A. Proposition 47
Enacted in 2014, Proposition 47, known as the Safe Neighborhoods and
**788
Schools Act (the Act), "reduc[ed] penalties for certain theft and drug offenses by amending existing statutes." (
People v. Gonzales
(2017)
Along with other penal provisions, the Act amended Health and Safety Code section 11350, subdivision (a), reducing simple drug possession from a felony to a misdemeanor. (See Voter Information Guide, Gen. Elec. (Nov. 4, 2014) text of Prop. 47, § 11, pp. 72-73.) Section 1170.18, subdivision (a), in turn, allows a defendant who is currently serving a felony sentence and "who would have been guilty of a misdemeanor ... had this act been in effect at the time of the offense" to file a petition "before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with" the sections amended to provide for more lenient penalties.
5
If an offense "would have been a misdemeanor under the Act, resentencing is
*1076
required unless 'the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.' (§ 1170.18, subd. (b).) A person who has already completed a felony sentence may petition to have his conviction designated a misdemeanor.
[
6
]
( § 1170.18, subds. (f), (g).)"
7
(
Gonzales,
B. Inter-county Transfer Provisions
Section 1203.9 was originally enacted in 1935, thus long predating Proposition 47's *424 passage. (Stats. 1935, ch. 604, § 10, p. 1714.) Section 1203.9, subdivision (a)(1) reads: "Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case to the superior court in any other county in which the person resides permanently, ... unless the transferring court determines that the transfer would be inappropriate and states its reasons on the record." As noted, section 1203.9, subdivision (b) states: "The court of the receiving county shall accept the entire jurisdiction over the case effective the date that the transferring court orders the transfer." (Italics added.) Section 1203.9, subdivision (a)(3) requires the transferring court to "determine the amount of restitution before the transfer" or to "complete the determination as soon as practicable" after the transfer. "In all other aspects, except as provided in subdivisions (d) and (e), the court of the receiving county shall have full jurisdiction over the matter upon transfer ...." 8 (§ 1203.9, subd. (a)(3).)
The Judicial Council has promulgated rules to implement section 1203.9. Those rules also provide that upon transfer, "the receiving court must accept the entire jurisdiction over the case." ( Cal. Rules of Court, rule 4.530(g)(3).) "[T]he transferring court must transmit the entire original court file to the receiving court in all cases in which the supervisee is the sole defendant," or, in a case with multiple defendants, "certified copies of the entire original court file." 9 ( **789 Cal. Rules of Court, rule 4.530(g)(5).) The probation officer of the transferring county "must transmit, at a minimum, any court orders, *1077 probation or mandatory supervision reports, and case plans to the probation officer of the receiving county." ( Cal. Rules of Court, rule 4.530(g)(6).)
C. Court of Appeal Decisions
To date, two published Court of Appeal opinions have considered the interplay between sections 1170.18 and 1203.9. In
People v. Curry
(2016)
The Curry court affirmed, rejecting the defendant's argument that Alameda County was the proper venue because it had full jurisdiction after the transfer from Napa County. Curry reasoned that the resentencing statute, which directs petitions be presented to "the trial court that entered the judgment of conviction" ( § 1170.18, subds. (a), (f) ), was obviously intended to have those petitions decided "by the judge with a presumed knowledge of the underlying circumstances. [Citation.] Clearly, the judge who presided over a petitioner's trial, or ... guilty plea ...
*425
would be best placed to decide whether 'resentencing the petitioner would pose an unreasonable risk of danger to public safety.' " (
Curry, supra,
1 Cal.App.5th at pp. 1080-1081,
The Court of Appeal in our case acknowledged, but disagreed with,
Curry
's analysis. It reasoned that "a defendant seeking Proposition 47 relief may waive his right to be sentenced by a particular judge in a particular county, something he has done in this instance by filing his petition in
*1078
Riverside Superior Court." (
People v. Adelmann
(2016)
D. A Resentencing Petition Should Be Filed in the Original Sentencing Court
The People argue that, under the plain language of section 1170.18, a resentencing petition must be filed with the court where **790 defendant was sentenced in the first instance. If there is a conflict between the resentencing and probationary transfer statutes, the resentencing provision takes precedence "because it is a more recent and more specific statute."
We agree. Under the resentencing statute, a person "who would have been guilty of a misdemeanor under the act that added this section ... had this act been in effect at the time of the offense
may
petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with" Proposition 47. ( § 1170.18, subd. (a), italics added.) The word "may" is "usually permissive" (
Hogya v. Superior Court
(1977)
To the extent section 1170.18 requires a court to assess whether a defendant "would pose an unreasonable risk of danger to public safety" (§ 1170.18, subd. (b) ), the resentencing statute presumes the ruling court and interested parties will have some familiarity with the defendant.
11
The sentencing court itself may have knowledge of a defendant's case, as would the original prosecuting agency and defense counsel. By contrast, a court accepting a transfer under section 1203.9 would, at most, have some awareness of a defendant's progress on probation. For any other aspect of the case, the receiving court, as well as the prosecution and defense, would be reliant on a cold court file. Indeed, this case is remarkable for the consensus it has garnered. The Riverside County District Attorney's Office, along with amici curiae California Public Defenders Association and the Riverside County Public Defender's Office, all urge that the proper court to rule on a resentencing petition is the original sentencing court. This agreement among adversaries reflects the reality that a decision maker with knowledge of the case and the defendant can benefit both sides. As
Curry
reasoned, "The construction urged by defendant would have petitions ruled on by judges who have no connection to, or memory of, the details of the underlying conviction." (
Curry, supra,
1 Cal.App.5th at p. 1081,
Sections 1170.18 and 1203.9 cannot be reconciled. In such a case, "later enactments supersede earlier ones [citation], and more specific provisions take precedence over" the more general. (
Collection Bureau of San Jose v. Rumsey
(2000)
People v. Klockman
(1997)
We agree with Klockman that the purpose of section 1203.9 was to eliminate the concurrent jurisdiction of two counties over a defendant's probation. Indeed, that statute was amended in 2009 to end the practice of informal "courtesy" supervision of probationers by a county " 'other than the county responsible for their supervision' " and to eliminate wasteful, duplicative supervision, or the chance that a probationer might be " 'entirely unsupervised by either the sentencing county or the county in which they reside.' " (Assem. Com. on Public Safety, Rep. on Sen. Bill No. 431 (2009-2010 Reg. Sess.) as amended June 4, 2009, p. 2.)
It is true that section 1170.18, subdivision (a) does not use the term "jurisdiction" to describe the requirement for filing "before the trial court that entered the judgment of conviction." Even so, the statute expressly states that a resentencing petition be filed there. The statute provides for no exceptions. It is also true that the electorate is presumptively aware of existing laws and their construction. (
Gonzales, supra,
2 Cal.5th at p. 869,
Defendant asserts that requiring the original sentencing court to rule on a resentencing petition would be antithetical to Proposition 47's goal of saving
*1081
money because it would require the receiving court to transfer the case back to the sentencing court. The argument fails. Now that the proper court for filing has been clarified, a defendant seeking resentencing can confidently file a petition in the sentencing court. No transfer of the case will be required. To the extent that the original sentencing court and the parties may have more familiarity with a defendant's case or have more ready access to pertinent information from local sources, allowing that court to rule on a petition may be more cost-effective than requiring a receiving court do so.
*428
Finally, we disagree with the Court of Appeal's reasoning that "a defendant seeking Proposition 47 relief may waive his right to be sentenced by a particular judge in a particular county, something he has done in this instance by filing his petition in Riverside Superior Court." (
Adelmann, supra,
2 Cal.App.5th at p. 1194,
In sum, we hold that, even in the case of a probationary transfer, the original sentencing court is the proper venue for a resentencing petition under section 1170.18.
III. DISPOSITION
The Court of Appeal's judgment is reversed. Defendant remains free to file a section 1170.18 petition in the San Diego County Superior Court.
WE CONCUR:
CANTIL-SAKAUYE, C. J.
CHIN, J.
LIU, J.
CUÉLLAR, J.
KRUGER, J.
DUARTE, J. **
We hereafter refer to "the trial court that entered the judgment of conviction" (Pen. Code, § 1170.18, subd. (a) ) as "the original sentencing court" or, simply, "the sentencing court."
Health and Safety Code section 11350, subdivision (a), Vehicle Code section 23152, former subdivision (a) (now subdivision (f) ). Defendant also admitted a prior conviction for driving under the influence. (Veh. Code, § 23540, subd. (a).)
The People are represented here by the Riverside County District Attorney.
Those revised statutes include "Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code...." (§ 1170.18, subd. (a).)
A court may rule on a reclassification petition without holding a hearing unless a defendant requests one. (§ 1170.18, subd. (h).)
A defendant who has a prior conviction for certain designated offenses is not eligible for resentencing under the Act. (§ 1170.18, subd. (i).)
Subdivisions (d) and (e) of section 1203.9 detail how court-ordered fines and fees should be collected and enumerates other rules regarding the charging and collection of money from transferred probationers.
Exhibits and payment records need not be transferred. (Cal. Rules of Court, rule 4.530(g)(5).)
The Court of Appeal's decision was relied on in
In re I.S.
(2016)
An "unreasonable risk of danger to public safety" is defined as "an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667." (§ 1170.18, subd. (c).)
Associate Justice of the Court of Appeal, Third Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
Reference
- Full Case Name
- The PEOPLE, Plaintiff and Appellant, v. Steven Andrew ADELMANN, Defendant and Respondent.
- Cited By
- 20 cases
- Status
- Published