Can a person serving a felony sentence under section 1170.18 of the California Criminal Code be recalled from prison for a crime that has now been reduced to a misdemeanour?
California, United States of America
The following excerpt is from People v. Escobedo, 2d Crim. No. B262702 (Cal. App. 2016):
" '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 recall of that sentence and request resentencing in accordance with the statutes that were added or amended by Proposition 47.' " (People v. Rivas-Colon (2015) 241 Cal.App.4th 444, 448.)
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