Can a convicted criminal who has completed his sentence for a crime that was reduced to a misdemeanor under Proposition 47, under section 1170.18 of the California Criminal Code, appeal against his sentence?

California, United States of America


The following excerpt is from People v. Jones, F074518 (Cal. App. 2018):

"Proposition 47 also added section 1170.18, concerning persons currently serving a sentence for a conviction of a crime that the proposition reduced to a misdemeanor. It permits such a person to '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' specified sections that 'have been amended or added by this act.' ( 1170.18, subd. (a).) If the trial court finds that the person meets the criteria of subdivision (a), it must recall the sentence and resentence the person to a misdemeanor, 'unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.' ( 1170.18, subd. (b).)"3 (People v. Morales (2016) 63 Cal.4th 399, 404; accord People v. Valencia (2017) 3 Cal.5th 347, 355.) Section 1170.18 further provides that "[a] person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors." ( 1170.18, subd. (f).)

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