What is the test for reducing a conviction under section 1170.18 of the California Criminal Code to a misdemeanour?
California, United States of America
The following excerpt is from People v. Holtzclaw, F072186 (Cal. App. 2017):
Recent cases have held that, "where a petition under section 1170.18 results in reduction of the conviction underlying the principal term from a felony to a misdemeanor, the trial court must select a new principal term and calculate a new aggregate term of imprisonment, and in doing so it may reconsider its sentencing choices." (People v. Roach (2016) 247 Cal.App.4th 178, 185.)
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