Can a defendant sentenced or placed on probation prior to Proposition 47's effective date have his or her sentence reduced?

California, United States of America


The following excerpt is from People v. Pargas, B264612 (Cal. App. 2016):

Section 1170.18 identifies two ways a defendant sentenced or placed on probation prior to Proposition 47's effective date can have his or her sentence reduced. First, pursuant to section 1170.18, subdivisions (a) and (b), a defendant may file a petition if she or he is currently serving a felony sentence for an enumerated offense. Second, if a defendant has completed his or her sentence for an enumerated offense, the defendant must file an application to secure the designation. ( 1170.18, subds. (f) & (g); People v. Shabazz (2015) 237 Cal.App.4th 303, 308, 310-311.)

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