Can a person who is serving a felony sentence for a crime that was now a misdemeanor under Proposition 47, petition for a recall of that sentence and request a resentencing?
California, United States of America
The following excerpt is from People v. McGill, F075840 (Cal. App. 2018):
Proposition 47 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 (2015) 233 Cal.App.4th 1085, 1092 (Rivera).)
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