Can a defendant petition to have a felony conviction reduced to a misdemeanour under section 1170.18 of the California Pen. Code?
California, United States of America
The following excerpt is from People v. Gonzales, H042040 (Cal. App. 2018):
Code section 1170.18, which permits a defendant to petition to have his or her felony conviction resentenced to or redesignated a misdemeanor. (Pen. Code, 1170.18, subds. (a), (b), (f) & (g); People v. Gonzales (2017) 2 Cal.5th 858, 863.)
"The most advanced legal research software ever built."
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
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 be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (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? (California, United States of America)
Is a conviction under section 23550.5 of the California Vehicle Code (formerly Vehicle Code Section 23152) of the Vehicle Code applicable to a repeat offender with a prior DUI or vehicular manslaughter conviction? (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)
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)
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)
When a defendant is convicted of murder solely on a felony-murder theory, does section 654 of the California Criminal Code preclude imposition of a separate term for the predicate felony? (California, United States of America)
Is a conviction for vandalism reduced from a felony to a misdemeanor under section 654 of the California Code of Civil Procedure requiring a resentencing and execution of the vandalism conviction? (California, United States of America)
Is a defendant's sentence for a prior conviction of a serious felony reduced to a misdemeanor under section 17, subdivision (b)(3) of the California Criminal Code? (California, United States of America)
