Can a defendant who has served or had completed their felony sentence as of the effective date of Proposition 47 apply to have their conviction reduced to a misdemeanor?

California, United States of America


The following excerpt is from People v. Baca, G058051 (Cal. App. 2020):

In addition to prospectively reducing certain offenses from felonies to misdemeanors, Proposition 47 added section 1170.18, which provides an opportunity for retroactive relief to defendants who were serving or had completed their felony sentences as of Proposition 47's effective date "for offenses now redefined as misdemeanors." (People v. DeHoyos, supra, 4 Cal.5th at p. 598.) Defendants who had completed their felony sentences as of Proposition 47's effective date can file an application under section 1170.18, subdivision (f) to have their eligible felony convictions redesignated as misdemeanors.

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