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).)
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