What is the effect of section 1170.18 of the California Criminal Code on a petition seeking relief for a prior felony conviction?

California, United States of America


The following excerpt is from People v. Warren, 234 Cal.Rptr.3d 733, 24 Cal.App.5th 899 (Cal. App. 2018):

If the petitioner has completed serving the prison term and then files for relief, section 1170.18 again authorizes the court to reclassify the prior felony conviction to a misdemeanor under appropriate circumstances. ( 1170.18, subds. (f), (g), (h).) In contrast to the first method for relief, however, subdivisions (f), (g), and (h) of section 1170.18 do not expressly vest the court with discretion to modify or resentence the petitioner in any way for the completed prison term. (Ibid. , see, e.g., People v. Gonzales , supra , 2 Cal.5th at p. 863, 216 Cal.Rptr.3d 285, 392 P.3d 437.)

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