Does the reclassification of a felony drug possession conviction as a misdemeanor affect recidivist enhancements?

California, United States of America


The following excerpt is from People v. Wilson, F071778 (Cal. App. 2018):

Proposition 47 ( 1170.18), enacted by the electorate in November 2014, reclassified certain felony drug possession offenses as misdemeanors. (People v. Lynall (2015) 233 Cal.App.4th 1102, 1108; see 1170.18, subd. (i).) It also created a mechanism whereby a person convicted of such an offense, who had already completed his sentence, could have the conviction redesignated as a misdemeanor. ( 1170.18, subds. (f) & (g).) Although Proposition 47 does not directly address how redesignation of a felony conviction to a misdemeanor affects recidivist enhancements based on the conviction at issue, section 1170.18, subdivision (k) specifies that any "felony conviction that is ... designated as a misdemeanor ... shall be considered a misdemeanor for all purposes, except [for purposes of firearm possession]." (Italics added.)

Other Questions


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 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 Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
Can a defendant petition the court that entered a judgment of conviction to recall a conviction for a felony conviction that would have been a misdemeanor under section 1170.18 of the Penal Code? (California, United States of America)
What is the test for a convicted burglar to be convicted of possession of drugs that he was in possession at the time of the burglary? (California, United States of America)
Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
Can a convicted felon who is in possession of a firearm for a short period of time, but who has not been convicted of a criminal offence under section 12021 of the California Penal Code, can he continue to possess the firearm? (California, United States of America)
Is a convicted criminal entitled to serve consecutive sentences for a felony and a misdemeanor conviction under section 669 of the Penal Code? (California, United States of America)
Is a conviction for vandalism reduced from a felony to a misdemeanor under section 654 of the California Code of Civil Procedure requiring a resentencing and execution of the vandalism conviction? (California, United States of America)
Is a defendant eligible for reduction of his felony burglary conviction to a misdemeanor shoplifting conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.