People v. Lenahan CA4/1

facts she must prove to be entitled to relief under Proposition 47.

"A person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section ('this act') had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with Section[] . . . 496 . . . of the Penal Code, as th[at] section[] ha[s] been amended or added by this act." (Pen. Code, § 1170.18, subd. (a). Further undesignated statutory references are to the Penal Code.) "Upon receiving a petition under subdivision (a), the court shall determine whether the petitioner satisfies the criteria in subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the petitioner's felony sentence shall be recalled and the petitioner resentenced to a misdemeanor pursuant to Section[] . . . 496 . . . , [as] th[at] section[] ha[s] been amended or added by this act, unless the court, in its discretion, determines that resentencing the…