What is the test for petitioning for a recall of a felony sentence for a crime that was now a misdemeanor?

California, United States of America


The following excerpt is from People v. Beltran-Carranza, H042332 (Cal. App. 2016):

serving a felony sentence for an offense that is now a misdemeanor to petition for a recall of that sentence and for resentencing to a misdemeanor. "A person who satisfies the criteria in section 1170.18 shall have his or her sentence recalled and be 'resentenced 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).)" (People v. Rivera (2015) 233 Cal.App.4th 1085, 1092.) "Section 1170.18 thus provides a two-step mechanism . . . . First, the trial court must determine [whether] the petitioner is eligible for resentencing under section 1170.18 based on a preponderance of the evidence. [Citations.] If the court finds the petitioner eligible, the trial court must determine the factual issue of whether the petitioner presents an unreasonable risk of danger to public safety if resentenced." (People v. Bush (2016) 245 Cal.App.4th 992, 1001.)

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