What is the effect of a motion to reduce a conviction for possession of a controlled substance to a misdemeanor under section 17 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Hostia, H044841 (Cal. App. 2019):

On January 20, 2017, defendant filed a motion requesting that the trial court exercise its discretion to reduce his conviction for possession of a controlled substance to a misdemeanor under section 17 and dismiss his prior strike conviction in the interests of justice under section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court denied both motions.3 The court, however, struck one of defendant's prior prison terms ( 667.5) pursuant to section 1385. Thereafter, the court sentenced defendant to a total term of 32 months in prison.

Other Questions


When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
What is the effect of section 28 of the California Criminal Code on a person who has not been convicted of a criminal offence under the Criminal Code Act? (California, United States of America)
What is the effect of reducing a conviction for an assault conviction by reducing it to an attempt to violate section 236.1(c) of the California Criminal Code? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
What is the effect of section 1385(1) of the California Criminal Code on a motion to dismiss or reduce a criminal conviction? (California, United States of America)
What is the test for reducing a criminal conviction to a "misdemeanor for all purposes" under section 1170.18 of the California Criminal Code? (California, United States of America)
Can a convicted felon who is in possession of a firearm for a short period of time, but who has not been convicted of a criminal offence under section 12021 of the California Penal Code, can he continue to possess the firearm? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.