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PEOPLE v. MONTGOMERY

No. G051812.

247 Cal.App.4th 1385 (2016)

THE PEOPLE, Plaintiff and Respondent, v. ADRIAN ANTWON MONTGOMERY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

June 8, 2016.

Attorney(s) appearing for the Case

Patrick J. Hennessey, Jr. , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, A. Natasha Cortina and Christine Levingston Bergman , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

INTRODUCTION

Penal Code section 1170.18 allows redesignation of certain enumerated felony drug crimes as misdemeanors. The section includes a proviso that its amelioration is not available to those who have suffered a "prior conviction" for, inter alia, violent felonies. The question presented by...

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