What is the effect of Proposition 47 on a defendant's sentencing?

California, United States of America


The following excerpt is from People v. Lacy, C082357 (Cal. App. 2017):

The Attorney General argues that we are not permitted to grant defendant's requested relief because she must file a section 1170.18 petition for resentencing. 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 after Proposition 47's effective date. Therefore, the changes wrought by Proposition 47 applied to her case. We address defendant's contention on the merits.

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