Lewis

People v. Lewis

Good Law
2016 Cal. App. LEXIS 923·2016 D.A.R. 10·208 Cal. Rptr. 3d 895·4 Cal. App. 5th 1085
Court of Appeal of CaliforniaOctober 28, 2016D068584California3,936 words

Opinion

Opinion

O'Rourke, J.

—In 2014 the voters enacted Proposition 47, the “Safe Neighborhoods and Schools Act” (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089 [ 183 Cal.Rptr.3d 362 ] (Rivera)), which enacted numerous changes to California’s statutory scheme, including reclassifying several crimes to misdemeanors which previously had been designated as felonies or “wobblers” (id. at p. 1091) and adding Penal Code section 1170.18. Under subdivision (a) of section 1170.18, a defendant “currently serving a sentence” for a conviction of a crime previously designated as a felony or a wobbler but which was reclassified as a misdemeanor can petition for relief under Proposition 47 to be resentenced and the court has discretion (subject to certain conditions) to resentence the petitioner to a misdemeanor sentence. (See generally People v. Morales (2016) 63 Cal.4th 399, 403 [ 203 Cal.Rptr.3d 130 , 371 P.3d 592 ] (Morales)) However, under subdivision (1) of section 1170.18, when a person has “completed his or her sentence” for a conviction of a crime previously designated as a felony or a wobbler but which is now designated as a misdemeanor, a court “shall” (upon application by that person) redesignate…

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