In what circumstances will a defendant's conviction of violating Health and Safety Code section 11377 be reduced to a misdemeanor?
California, United States of America
The following excerpt is from People v. Delapena, 190 Cal.Rptr.3d 353, 238 Cal.App.4th 1414 (Cal. App. 2015):
In sum, we hold that Proposition 47 is not retroactive and we decline to order defendant's conviction of violating Health and Safety Code section 11377 reduced to a misdemeanor. (See People v. Noyan (2014) 232 Cal.App.4th 657, 672, 181 Cal.Rptr.3d 601.) Defendant may file a petition for recall of sentence pursuant to Penal Code section 1170.18, subdivision (a) in the trial court or pursue other available legal remedies.
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