Can a convicted criminal who was convicted of a crime reduced to a misdemeanour under Proposition 47 of the California Criminal Code be petitioned for a recall of sentence?

California, United States of America


The following excerpt is from People v. Lupien, G051852 (Cal. App. 2016):

can be punished as either felonies or misdemeanors).' [Citation.]" (People v. Morales (June 16, 2016, S228030) ___ Cal.4th ___, ___ [2016 WL 3346571].)

"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).)" (People v. Morales, supra, ___ Cal.4th at p. ___.)

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