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PEOPLE v. BANDA

No. B284725.

26 Cal.App.5th 349 (2018)

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL BANDA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

August 20, 2018.

Attorney(s) appearing for the Case

Kenneth I. Clayman , Public Defender, Albert J. Menaster , Nikhil Ramnaney , and Nick Stewart-Oaten , Deputy Public Defenders, for Defendant and Appellant.

Xavier Becerra , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Shawn McGahey Webb , and Blythe J. Leszkay , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

Michael Banda was convicted of a violation of Health and Safety Code section 11358 in 2016. After the passage of Proposition 64, he petitioned for dismissal of his conviction. The court denied his petition. We now reverse, and remand to the trial court.

FACTUAL BACKGROUND

Michael Banda was arrested...

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