What is the procedure for reducing a criminal conviction to a misdemeanor pursuant to Proposition 47 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Alvarez, H043234 (Cal. App. 2017):

Proposition 47 also included provisions for resentencing. A defendant who is currently serving his or her sentence for a felony conviction, and who would have been guilty of a misdemeanor if the Act had been in effect at the time of the offense, may file an application to have the felony conviction resentenced as a misdemeanor. ( 1170.18, subd. (a).) If the petitioner satisfies the criteria in section 1170.18, subdivision (a),6 the trial court must recall the petitioner's felony sentence and resentence the petitioner to a misdemeanor unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety. ( 1170.18, subd. (b).) Alternatively, when a defendant has completed a felony sentence for an offense which is eligible for reduction to a misdemeanor under Proposition 47, he or she must file an application to have the felony reduced to a misdemeanor pursuant to section 1170.18, subdivision (f). (People v. Shabazz (2015) 237 Cal.App.4th 303, 310.) If the application satisfies the criteria in section 1170.18, subdivision (f), the trial court must reduce the felony to a misdemeanor. (People v. Shabazz, at pp. 310-311.)

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