How have the penalties for petty theft and drug possession from a wobblers or felonies been reduced to misdemeanors?

California, United States of America


The following excerpt is from People v. Herrin, A144157, A145069 (Cal. App. 2016):

Proposition 47 reduced penalties for certain nonserious, nonviolent crimes like petty theft and drug possession from wobblers or felonies to misdemeanors. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1091.) Proposition 47 added sections 459.5 (creating shoplifting as a crime in lieu of commercial burglary), 490.2 (defining petty theft), and 1170.18 (adding resentencing provisions) to the Penal Code. It also amended existing sections 473 (forgery), 476a (writing bad checks), 496 (receiving stolen property) and 666 (petty theft with a prior) and Health and Safety Code sections 11350, 11357, and 11377 to reflect the crimes' new status as misdemeanors. (Ibid.)

2. Analysis

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