Can a defendant who is currently serving a felony sentence for a crime that has been reduced to a misdemeanor under Proposition 47, under what circumstances can they appeal against their sentence?

California, United States of America


The following excerpt is from People v. Pomares, E066983 (Cal. App. 2017):

ineligible defendants. These offenses had previously been designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors)." (People v. Rivera (2015) 233 Cal.App.4th 1085, 1091.)

"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." (People v. Rivera, supra, 233 Cal.App.4th at p. 1092.) Similarly, a defendant who has completed a sentence for a crime may file an application under Proposition 47 to reduce his or her felony conviction to a misdemeanor ( 1170.18, subd. (f)). Subdivision (g) of section 1170.18 provides: "If the application satisfies the criteria in subdivision (f), the court shall designate the felony offense or offenses as a misdemeanor."

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Can a person who is serving a felony sentence for a crime that was reduced to a misdemeanour under Proposition 47, under what circumstances can they appeal against their sentence? (California, United States of America)
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