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Proposition 47made many changes to the law all over California.  These changes could have profound affects on your life, if you have questions please call us at 559 441-1418. I will be addressing a few of the areas where prop 47 has made changes to the law and some areas where the law has stayed the same. 

Proposition 47 went into affect on November 5, 2014, the day after its pasage. the proposition applies to sentences imposed on or after November 5, 2014,

1. The proposition is not retroactive for people sentenced prior to Prop 47 even if their cases were not yet final.   People who have already been sentenced must use the petition process.  This does not mean you are out of luck if you were sentenced before this date it only means that you must use the petition process. 

ELIGIBILITY FOR POST-SENTENCE REDUCTION; PARTIAL RETROACTIVITY

1. The offense must have been committed prior to prop 47 passage in order for the defendant to be able to have the offense reduced by means of an application or petition.  The petitioning process is limited to those with Felony convictions "who would have been guilty of a misdameanor"if prop 47 had "been in affect at the time of the offense" 1170.18 (a). 

2. People sentenced after prop 47 passed are eligible for relief so long the offense occurred before proposition 47 passed.  That will only be necessary when the original sentencing was botched.

DEADLINE TO FILE APPLICATIO OR PETITION

1. Originally people had to file there application by November 4, 2017 unless they showed good cause for not filing earlier. 

2. The deadline has been extended to Novembere 4, 2022.

BELOW IF WILL GIVE A SUMMARY OF SOME OF THE OFFENSES ELIGIBLE THIS IS NOT AN AXHAUSTIVE LIST

1. PENAL CODE 666

simple possession health and safety code section 11350, 11357, 11377).

2. ELIGIBILITY DEFENDING ON THE FACTS

A. Legally, post-sentencing reduction requires that you file a declaration for these offenses stating the facts proving eligibility proving eligibility based upon the facts for the offense is not automatically eligible or the court may summarily deny the petition or application.

some offenses eligible

470-476 if forgery related to a specific items and value less than $950

476 a if totoal of all convictions less than $950.00

ATTEMPTS

No cases directly address whether attempts are aligible. 

JUVENLE COURT CASES

1. Juvenile offenders are eligible for prop 47 relief.

STRIKES CAN BE ELIBIBLE FOR PROP 47 RELIEF

The fact that an offense is a strike does not in and of itself make the cime inegligible for prop 47 relief. 

459. 5 crimes

elements

entry into a commercial establishment

with intent to commit larceny

while the business is open during regular business hours.

where the value of the property taken or sought to be taken is less than $950.00

EXCLUSIVE PENALTY

a. if an act is punishable as shoplifting it must be so punished rather than by some other charge.  "any act of shoplifting as defined in subdivision a shall be charged as shoplifting. 

VALUE OF THE PROPERTY OR VALUE OF THE PROPERTY SOUGHT TO BE TAKEN DOES NOT EXCEED $950.00

if the defendant is unsuccessful in obtaining the property one uses the value of the property sought to be taken.

If the defendant was succesful then one uses the value of the propety taken.

SPECIFIC EXCLUSIONS

People required to register as a sex offender are excluded and not included

it should be noted for the sex offenses however prop 47 is not meant to have any affect on sex offender it is meant for a different category of offenders.

PEOPLE WHO WOULD POSE AN UNREASONABLE RISK TO PUBLIC SAFETY ARE EXCLUDED FROM RESENTENCING.

The unreasonable risk of danger to public safety refers to people means an unreasonable riske the petitioner will commit a super strike. 

As you can tell the prop 47 law can be complex if you have any further questions don't hesitate to call

559 441-1418.

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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