What is the test for reducing a criminal conviction to a misdemeanor?

California, United States of America


The following excerpt is from People v. Cervantes, F071506 (Cal. App. 2017):

"In addition, Proposition 47 enacted section 1170.18 which ... established procedures for persons who are 'currently serving a sentence' for prior felony crimes that are now misdemeanors under the initiative to petition the superior court to recall the felony conviction and sentence, and to be resentenced for the misdemeanor crime." (People v. Chen, supra, 245 Cal.App.4th at p. 324.) It is the defendant's burden to show that the crime he seeks to reduce qualifies.

Other Questions


When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
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