What is the current application process to reclassify theft and drug possession as a misdemeanor?

California, United States of America


The following excerpt is from People v. Mount, 280 Cal.Rptr.3d 891, 66 Cal.App.5th 599 (Cal. App. 2021):

The three principal reforms enacted by the proposition were to reclassify many theft and drug-possession offenses from felonies to misdemeanors, authorize defendants serving sentences for qualifying felony offenses to petition for resentencing, and allow defendants who completed sentences for qualifying felony offenses to apply to have those felonies redesignated as misdemeanors. ( People v. Buycks (2018) 5 Cal.5th 857, 871, 236 Cal.Rptr.3d 84, 422 P.3d 531.) Section 1170.18(f) is the statutory expression of this third reform. Under it, "[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 this act had this act 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." If those criteria are met, the trial court "shall" designate the felony as a misdemeanor. ( 1170.18, subd. (g).)

Other Questions


Does the current offense is possession of a firearm and possession of an assault weapon apply when the current charge is assault? (California, United States of America)
What is the difference between a judge's discretionary decision on a petition for reclassification and resentencing for certain theft and drug possession felonies to misdemeanors? (California, United States of America)
How have the penalties for petty theft and drug possession from a wobblers or felonies been reduced to misdemeanors? (California, United States of America)
What are the implications of Proposition 47's reclassification of theft and drug possession as a misdemeanor? (California, United States of America)
In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
What is the test for determining whether a charge of possession is a misdemeanor or a possession charge? (California, United States of America)
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)
In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
Is there any case law where a convicted felon in possession of a firearm during the commission of his current felon-in-possession conviction? (California, United States of America)
What is the applicable standard of review for an application of the independent review test? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.