What is the effect of reducing a convicted criminal to a minor under section 1170.18 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Hernandez, F072502 (Cal. App. 2017):

resentencing the petitioner would pose an unreasonable risk of danger to public safety.' ( 1170.18, subd. (b).)" (People v. Rivera, supra, at p. 1092, italics added.) On September 23, 2015, the trial court reduced defendant's felony possession conviction to a misdemeanor pursuant to section 1170.18.

Although the lengthy appellate process may have rendered this issue moot, we nevertheless agree with the parties that the trial court should have granted defendant's request for termination of PRCS and should have placed him on parole for one year. ( 1170.18, subd. (d) ["A person who is resentenced pursuant to subdivision (b) shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole."]; People v. Morales (2016) 63 Cal.4th 399, 407 [parole rather than PRCS is the proper form of supervision when a felony is reduced to a misdemeanor under section 1170.18].)

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