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


The following excerpt is from People v. Williams, G053450 (Cal. App. 2017):

The difference in the two discretionary decisions is, according to People v. Valencia, that Proposition 47 restricts the bases of the trial judge's discretion to the narrower issue of whether the petitioner poses a risk of committing a super strike. (See People v. Valencia (2017) 3 Cal.5th 347, 356 ["Thus, under Proposition 47 a resentencing court may not deny a petition for reclassification and resentencing for certain theft and drug possession felonies to misdemeanors for an otherwise eligible petitioner unless it finds that the resentencing would pose an unreasonable risk that the petitioner will commit a super strike."].)

Other Questions


Does the reclassification of a felony drug possession conviction as a misdemeanor affect recidivist enhancements? (California, United States of America)
Is it permissible to use a prior conviction for petit theft under section 666 of section 667 of the California Criminal Code to elevate the theft to a felony? (California, United States of America)
Can a person who is serving a felony sentence for a crime that was now a misdemeanor under Proposition 47, petition for a recall of that sentence and request a resentencing? (California, United States of America)
Can a defendant who was convicted of a drug and theft charge in the context of Proposition 47 resentencing apply for resentencing as if the crime was a misdemeanor? (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)
What is the effect of a federal judge's decision in a civil case allowing a frustrated prosecutor to seek a new judge? (California, United States of America)
What is the difference between possession of drug proceeds and conspiracy to possess drug proceeds? (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)
Does the felony-murder rule make a killing while committing certain felonies murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.