Can a defendant who would have been convicted of a misdemeanor under section 1170.18 of the California Penal Code apply to appeal against his sentence?

California, United States of America


The following excerpt is from People v. Lightle, C077831 (Cal. App. 2015):

We agree with the result in People v. Noyan, supra, 232 Cal.App.4th 657. The procedure set forth in section 1170.18 applies to a "person currently serving a sentence for a conviction . . . of a felony or felonies who would have been guilty of a misdemeanor under the act . . . ." Defendant is such a person. The act clearly states the manner in which any adjustment in his sentence is to be accomplished. Defendant is limited to the

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statutory remedy of petitioning the trial court for recall of sentence when the judgment is final.

The judgment is affirmed.

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