Does the Court of Appeal have to reduce an assault conviction from a felony to a misdemeanor under Proposition 47 when the judgment is not yet final?

California, United States of America


The following excerpt is from People v. Mitchell, B254321 (Cal. App. 2015):

Other recent decisions similarly have rejected arguments on appeal that appellate courts are required to reduce offenses predating Proposition 47 when the judgments are not yet final, and the decisions instead require defendants to utilize the procedures specified in section 1170.18. (Cf. People v. Contreras (2015) 237 Cal.App.4th 868, 873, 889-892; see People v. Awad (2015) 238 Cal.App.4th 215, 221-222 [finding the task of reducing a conviction from a felony to a misdemeanor under Proposition 47 "manifestly" vested with the trial court].)

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