California, United States of America
The following excerpt is from People v. Hamilton, F075351 (Cal. App. 2018):
designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors).' [Citation.] [] Proposition 47 also added section 1170.18, concerning 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.' ( 1170.18, subd. (a).) If the trial court finds that the person meets the criteria of subdivision (a), it must recall the sentence and resentence the person 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).)"2 (People v. Morales (2016) 63 Cal.4th 399, 404; accord, People v. Valencia (2017) 3 Cal.5th 347, 355.)
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