Can a defendant who was serving or serving a sentence for a previous conviction that would have been a misdemeanor under Proposition 47 receive retroactive retroactive relief under section 1170.18 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Bussey, C079797 (Cal. App. 2016):

In November 2014, the electorate enacted Proposition 47, which redesignated a number of offenses as misdemeanors, and provided a procedure in section 1170.18 for retrospective comparable relief for defendants who were serving or had completed a sentence for a previous conviction that would have been a misdemeanor "had this act been in effect at the time of the offense." ( 1170.18, subds. (a), (f); People v. Johnston (2016) 247 Cal.App.4th 252, 256, review granted July 13, 2016, S235041 [cited for persuasive value pursuant to Cal. Rules of Court, rule 8.1115(e)(1)] (Johnston).)

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