What is the test for petitioning for a recall of a sentence for a crime that was previously classified as a misdemeanor under Proposition 47?

California, United States of America


The following excerpt is from People v. Schattschneider, F070791 (Cal. App. 2016):

"Proposition 47 also created a new resentencing provision: section 1170.18. Under section 1170.18, a person 'currently serving' a felony sentence for an offense that is now a misdemeanor under Proposition 47, may petition for a recall of that sentence and request resentencing in accordance with the statutes that were added or amended by Proposition 47. ( 1170.18, subd. (a).)" (People v. Rivera, supra, 233 Cal.App.4th at p. 1092.) As noted, however, not everyone who petitions is eligible for resentencing. A petitioner whose offense has not been reclassified as a misdemeanor by Proposition 47 does not satisfy the criteria in section 1170.18 and is thus not eligible for resentencing. And a petitioner who satisfies the criteria in section 1170.18 is nevertheless ineligible for resentencing if (1) "the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety"4 ( 1170.18, subd. (b)), or (2) the petitioner has a prior conviction for a "super strike" offense (see 667,

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Other Questions


Can a person who is serving a felony sentence for a crime that was now a misdemeanor under Proposition 47, petition for a recall of that sentence and request a resentencing? (California, United States of America)
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