In People v. Adelmann, the Supreme Court today holds that a petition to reduce a sentence under Proposition 47 must be filed in the original sentencing court, even if the case has been transferred to a county where the defendant — on probation — lives. The court’s unanimous opinion by Justice Carol Corrigan recognizes that the initiative statute, which specifies the original sentencing court as the place for the petition, cannot be reconciled with a separate, earlier statute that transfers a case’s “entire jurisdiction” to a probationer’s home county superior court, so the court relies on the rule that “‘later enactments supersede earlier ones [citation], and more specific provisions take precedence over’ the more general.”
Noting the district attorney in the case and amici public defenders all agreed with its holding, the court says “a decision maker with knowledge of the case and the defendant can benefit both sides.” The only one unhappy with the result is the defendant, who had his petition granted in the transferee court. And he is additionally vexed because he first tried to file his petition in the original sentencing court only to have the petition rejected because the court had no file on the case.
The court reverses the Fourth District, Division Two, Court of Appeal. It also disapproves a 2016 decision by the First District, Division One, and agrees with a 2016 decision by the First District, Division Two.
Given the jurisdictional nature of a 1203.9 transfer, the receiving court stands in the shoes of the original court of conviction and 1203.9 and Prop. 47 can reasonably work together. This is a case where I think the Court of Appeal (and Couzens & Bigelow, the leading treatise on Prop 47) have the better analysis than Justice Corrigan’s opinion. There are other legal and practical problems with the Court’s reading of the statutes, but that’s neither here nor there.
In the interest of full disclosure, I represent Mr. Adelmann in the case. I do appreciate your firm’s efforts in covering our Supreme Court’s work.