Ninth Circuit

SENTENCE " REDUCTION FROM FELONY TO MISDEMEANOR " PENAL CODE 1170.18 REQUIRES REDUCTION OF POSSESSION CONVICTION UNDER HEALTH & SAFETY CODE 11377(a) AND REMAND FOR RESENTENCING
People v. DeHoyos, ___ Cal.App.4th ___, 2015 WL 3978685 (4th Dist. June 30, 2015) (amendment to Health & Safety Code 11377(a), which made possession of controlled substance punishable as a misdemeanor, did not retroactively apply to defendant's conviction for possession of methamphetamine, such that she was not automatically entitled to resentencing; defendant was required to utilize statutory resentencing procedure; Act indicated legislative intent not to permit automatic application of Act to anyone currently serving sentence).