Can a convicted felon who is serving a sentence for a crime that was reduced to a misdemeanour under Proposition 47, petition for a recall of his sentence?

California, United States of America


The following excerpt is from People v. Moreno, F071825 (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.)

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