Can a defendant who was convicted of a drug and theft charge in the context of Proposition 47 resentencing apply for resentencing as if the crime was a misdemeanor?

California, United States of America


The following excerpt is from People v. Flynn, A145160 (Cal. App. 2016):

On November 4, 2014, the voters enacted Proposition 47, which "reclassified certain drug-and theft-related offenses that were felonies or 'wobblers' as misdemeanors, and provided a resentencing process for individuals who would have been entitled to lesser punishment if their offenses had been committed after its enactment." (People v. Rouse (2016) 245 Cal.App.4th 292, 294.) As relevant here, newly-enacted section 1170.18, subdivision (a), allows a "person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor . . . had this act been in effect at the time of the offense" to apply for resentencing as if the crime were a misdemeanor.

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