Is a defendant's criminal conviction for grand theft and possession of a controlled substance reduced to a misdemeanor under Proposition 47?

California, United States of America


The following excerpt is from People v. Deleon, F070806 (Cal. App. 2017):

Defendant contends two of the prior prison term enhancements imposed on count 3 should be vacated because the offenses underlying his convictions in 1997 and 2010grand theft and possession of a controlled substance, respectivelywere reduced to misdemeanors once Proposition 47 became effective. However, the record does not establish he filed an application to designate these convictions as such pursuant to section 1170.18, subdivision (f).5 Those seeking to avail themselves of the benefits of Proposition 47 must first file a petition in the superior court (People v. Bradshaw (2016) 246 Cal.App.4th 1251, 1254, 1257):

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