California, United States of America
The following excerpt is from People v. Madrid, G050789 (Cal. App. 2016):
Thus, appellant may be entitled to have his conviction for second degree burglary reduced to misdemeanor shoplifting. However, there are specific rules in place for doing so. Proposition 47 created a statutory "process through which persons previously convicted of crimes as felonies, which would be misdemeanors under the new definitions in Proposition 47, may petition for resentencing. [Citation.] Specifically, section 1170.18, subdivision (a), provides: 'A person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under [Proposition 47] . . . had [Proposition 47] been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with'" the newly enacted sections, including section 459.5. (People v. Marks (2015) 243 Cal.App.4th 331, 334, italics added.)
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