Does a convicted felon who has completed his sentence for a charge of assault under Proposition 47 of the California Penal Code apply to have his conviction reduced to a misdemeanor?

California, United States of America


The following excerpt is from People v. Pifer, E064119 (Cal. App. 2016):

Proposition 47 also enacted Penal Code section 1170.18, subdivision (f), which provides: "A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under [Proposition 47] had [Proposition 47] been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors." (Pen. Code, 1170.18, subd. (f); see People v. Rivera, supra, 233 Cal.App.4th at pp. 1091, 1093.)

Other Questions


Can a convicted felon who has completed his sentence for a conviction for a crime committed under Proposition 47, who would have been guilty of a misdemeanor under the same legislation, apply to have the conviction reduced to a misdemeanor? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Can a convicted felon who has completed his or her sentence for a crime reduced to a misdemeanor by Proposition 47, after the crime has been committed, apply to have the conviction designated as a misdemeanor? (California, United States of America)
Can a convicted felon who is serving a sentence for a charge that was reduced to a charge of assault under Proposition 47 of the California Criminal Code be recalled? (California, United States of America)
Can a convicted criminal who has completed his sentence for a crime that was reduced to a misdemeanor under Proposition 47, under section 1170.18 of the California Criminal Code, appeal against his sentence? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Can a convicted felon who would have been convicted of a misdemeanor under section 1170.18 of the California Penal Code apply for a recall of sentence? (California, United States of America)
Can a convicted felon who has completed a felony sentence for a crime that has now been reduced to a misdemeanour under Proposition 47, petition for a recall of that sentence? (California, United States of America)
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)
Can a conviction for a charge of assault be reduced to a charge under section 654 of the California Penal Code? (California, United States of America)
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