Can a convicted felon who is serving a sentence for a charge that was reduced to a charge of assault under Proposition 47 of the California Criminal Code be recalled?
California, United States of America
The following excerpt is from People v. Robles, F071387 (Cal. App. 2016):
"Proposition 47 also created a new resentencing provision: section 1170.18. 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 a recall of that sentence and request resentencing in accordance with the statutes that were added or amended by Proposition 47. ( 1170.18, subd. (a).) " (People v. Rivera, supra, 233 Cal.App.4th at p. 1092.)
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