Is a defendant who has already completed his sentence for a felony conviction that was reduced to a misdemeanor entitled to resentencing under Section 1170.18 of the California Criminal Code?

Based on the plain language of section 1170.18, defendants who have already completed their sentences that seek to have their felony convictions redesignated as misdemeanors are not entitled to resentencing. ( 1170.18, subds. (f) & (g).) It is only those defendants who are currently serving a sentence for a qualifying conviction that may petition for recall and resentencing under Proposition 47. (Id., subds. (a) & (b).) Subdivisions (a) and (b)'s recall and resentencing procedure create a narrow exception to the general common law rule that "a trial court is deprived of jurisdiction to resentence a criminal defendant once execution of the sentence has commenced." (People v. Karaman (1992) 4 Cal.4th 335, 344.)

b. Defendant Is Not Entitled to Resentencing in Both Cases