What is the effect of section 1170.18 of the California Penal Code on a petition seeking a recall of sentence for a crime that was reduced to a misdemeanor?

California, United States of America


The following excerpt is from People v. Jackson, E064707 (Cal. App. 2017):

The voters enacted section 1170.18 as part of Proposition 47. (People v. Morales, supra, 63 Cal.4th at p. 404.) Section 1170.18 "concern[s] persons currently serving a sentence for a conviction of a crime that the proposition reduced to a misdemeanor. It permits such a person to 'petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with' specified sections that 'have been amended or added by this act.'

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