Can a convicted felon who would have been convicted of a misdemeanor under Proposition 47, if it had been in effect at the time of the crime?

California, United States of America


The following excerpt is from People v. Reyes, E064617 (Cal. App. 2016):

Proposition 47, a voter initiative, went into effect on November 5, 2014. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) Section 1170.18, added by Proposition 47, allows "[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 [it] been in effect at the time of the offense" to "petition for a recall of sentence" and request resentencing as a misdemeanant. ( 1170.18, subd. (a).)

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