What is the effect of Proposition 47 on a defendant who would have been convicted of a misdemeanor under Section 36 of the California Penal Code?
California, United States of America
The following excerpt is from People v. Fryson, C067008 (Cal. App. 2015):
We agree with the result in People v. Noyan, supra, 232 Cal.App.4th 657. The procedure set forth in section 1170.18 applies to "[a] person currently serving a sentence for a conviction . . . of a felony or felonies who would have been guilty of a misdemeanor under the act . . . ." Defendant is such a person. There is no need to ask whether Proposition 47 is retroactive as to her. The act clearly states the manner in which any
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