Does section 1170.18 of the California Criminal Code require a prison sentence for a convicted felon to be reduced to a misdemeanor?

California, United States of America


The following excerpt is from People v. Mumin, B263978 (Cal. App. 2016):

Appellant points to the language of subdivision (k) of section 1170.18 stating that any felony conviction redesignated as a misdemeanor "shall be considered a misdemeanor for all purposes." Citing People v. Flores (1979) 92 Cal.App.3d 461 and People v. Park, supra, 56 Cal.4th 782, he contends similar language was interpreted as precluding imposition of a prison prior enhancement once the felony on which it was based is reduced to a misdemeanor. Appellant overlooks, however, that in both cases, the redesignation of the felony occurred before the defendants were convicted and sentenced of the successor crime. In Flores, the defendant was convicted of felony possession of marijuana in 1966.

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