Can a person who is serving a felony sentence for a crime that was reduced to a misdemeanour under Proposition 47, under what circumstances can they appeal against their sentence?

California, United States of America


The following excerpt is from People v. Santana, E066335 (Cal. App. 2017):

(crimes that can be punished as either felonies or misdemeanors)." (People v. Rivera (2015) 233 Cal.App.4th 1085, 1091.) "Proposition 47 also 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." (Id. at p. 1092.)

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Can a person who is serving a felony sentence for a crime that was reduced to a misdemeanour under Proposition 47, under what circumstances can they appeal against their sentence? (California, United States of America)
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