In what circumstances will a defendant have to reduce his conviction for receiving stolen property and conspiracy to commit petty theft to a misdemeanor?

California, United States of America

The following excerpt is from People v. Wynn, G051363 (Cal. App. 2016):

In November 2014, the voters approved Proposition 47, which reclassified certain offenses from felonies to misdemeanors and created a postconviction resentencing procedure for those convicted of felony offenses that have been reclassified. ( 1170.18; People v. Rivera (2015) 233 Cal.App.4th 1085, 1091-1093.) Defendant thereafter filed a petition to reduce his conviction for receiving stolen property and conspiracy to commit petty theft to misdemeanors. The court granted the petition as to the conviction for receiving stolen property, but denied it on the conspiracy count. Defendant now appeals.

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