Filed 10/22/20 P. v. Lewis CA4/2 See Concurring Opinion NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E072446 v. (Super.Ct.No. RIF1102889) PAUL DIXON LEWIS, OPINION Defendant and Appellant. APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge. Dismissed. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Michael Pulos and Britton B. Lacy, Deputy Attorneys General, for Plaintiff and Respondent. 1 Defendant and appellant Paul Dixon Lewis appeals from an order of the Riverside County Superior Court denying his Health and Safety Code section 11361.8 1 (Prop. 64, eff. Nov. 9, 2016) petition to reduce to a misdemeanor his conviction for possession of marijuana. We find his claim is res judicata and dismiss his appeal. BACKGROUND While defendant was serving a 49-year state prison sentence on charges related to the rape of a 15-year-old girl, correctional officers found in his possession 25 plastic bindles of marijuana with a combined weight of 13.2 grams. In June 2012, a jury convicted him of two felonies: unlawful possession of marijuana while in a correctional center (Pen. Code, § 4573.6, count 1) and possession of marijuana for sale (Health & Saf. Code, § 11359, count 2). The court imposed an indeterminate sentence of 25 years to life on both counts but, pursuant to Penal Code section 654, stayed the sentence as to count 2. The Control, Regulate and Tax Adult Use of Marijuana Act, as approved by voters, General Election, November 8, 2016 (Prop. 64), resulted in changes to the Health and Safety Code. Those changes included making it lawful (subject to some exceptions) for a person over the age of 21 to possess no more than 28.5 grams of unconcentrated cannabis and reducing the penalty for possession of marijuana for sale from a minimum two-year prison term to a maximum county jail term of six months or by a fine not to exceed $500, or by a combination of a fine and jail term. (§§ 11359, subd. (b), 11362.1.) A person serving a sentence for a marijuana conviction who would not have been guilty 1 All statutory references are to the Health and Safety Code unless otherwise indicated. 2 of an offense, or would have been guilty of a lesser offense, had Proposition 64 been in effect at the time of the offense, may petition the court that entered the judgment for a recall or dismissal of the sentence. (§ 11361.8, subd. (a).) The sentencing court may deny a petition upon a finding that ...
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