Can a defendant appeal their sentence for a drug and theft crime that was previously a felonies or "wobblers" under Proposition 47?

California, United States of America


The following excerpt is from People v. Garcia, 2d Crim. No. B261447 (Cal. App. 2015):

Under Proposition 47, certain drug and theft-related offenses that were previously designated as felonies or "wobblers" are now punishable only as misdemeanors. A defendant serving a felony sentence for a crime that is now a misdemeanor under Proposition 47 may petition for recall of that sentence and request resentencing pursuant to the statutes that were added or amended by the proposition. ( 1170.18; People v. Rivera (2015) 233 Cal.App.4th 1085, 1092.)

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