Tomorrow morning, the Supreme Court will file its opinion in People v. Martinez, which was argued on the January calendar. (Briefs here; oral argument video here.)
The issue in Martinez is whether defendant could use a petition for recall of sentence under Penal Code section 1170.18 to request the trial court to reduce his prior felony conviction for transportation of a controlled substance to a misdemeanor in light of the amendment to Health and Safety Code section 11379 effected by Proposition 47. (Second District, Division Seven, Court of Appeal Justice John Segal is the pro tem.)
The opinion can be viewed tomorrow starting at 10:00 a.m.
