Can a defendant petition the court that entered a judgment of conviction to recall a conviction for a felony conviction that would have been a misdemeanor under section 1170.18 of the Penal Code?

California, United States of America

The following excerpt is from People v. Maciel, C080087 (Cal. App. 2017):

Proposition 47 added section 1170.18 to the Penal Code. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1091.) Under subdivision (a) of this section, "a person who is currently serving a sentence for a felony conviction that would have been a misdemeanor under the Act may petition the court that entered the judgment of conviction to recall the person's felony sentence and resentence the person as if he or she had been convicted of the misdemeanor. If the court determines that the defendant satisfies the criteria of

Page 6

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What is the burden of proof required for defendant to have his felony conviction of violating Vehicle Code section 10851 reduced to a misdemeanor under Penal Code section 1170.18? (California, United States of America)

Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)

Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)

Does section 12022.5, subdivision (a) of the California Penal Code, section 120 22.5(1) of Section 1385(2) apply to a defendant who personally uses a firearm in the commission of a felony or attempted felony? (California, United States of America)

Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)

Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)

Can a convicted felon who would have been convicted of a misdemeanor under section 1170.18 of the California Penal Code apply for a recall of sentence? (California, United States of America)

Does Section 490.2 and Section 1170.18 of the California Penal Code apply to a defendant who has completed his or her sentence for a felony conviction? (California, United States of America)

Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)

Can a defendant who was serving or serving a sentence for a previous conviction that would have been a misdemeanor under Proposition 47 receive retroactive retroactive relief under section 1170.18 of the California Penal Code? (California, United States of America)

Can a defendant petition the court that entered a judgment of conviction to recall a conviction for a felony conviction that would have been a misdemeanor under section 1170.18 of the Penal Code?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources