California, United States of America
The following excerpt is from People v. Stokes, A150879 (Cal. App. 2018):
Section 1170.18, added by Proposition 47, permits certain offenders to petition the superior court for resentencing or recall. "Under section 1170.18, a person 'currently serving' a felony sentence for an offense that is now a misdemeanor under Proposition 47, may petition for recall of that sentence and request resentencing in accordance with the statutes that were added or amended by Proposition 47. ( 1170.18, subd. (a).) A person who satisfies the criteria in Penal Code section 1170.18 shall have his or her sentence recalled and be 'resentenced 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).)" (People v. Rivera, supra, 233 Cal.App. 4th at p. 1092.)
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