How does Section 47 of the California Criminal Code apply to a defendant whose crime was committed before the date of sentencing?

California, United States of America


The following excerpt is from People v. Ortiz, C079847 (Cal. App. 2016):

Proposition 47 was enacted on November 4, 2014, and went into effect on the following day. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) Defendant's crime was committed before, but he was tried and sentenced after Proposition 47's effective date. Since defendant was sentenced after Proposition 47 went into effect, the changes wrought by Proposition 47 applied at the time of sentencing. (See People v. Yearwood (2013) 213 Cal.App.4th 161, 168 [analogous provisions of Proposition 36 apply to a defendant whose crime is committed before but is sentenced after the

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