Proposition 47
            Reduction from Felony to Misdemeanor
                             and/or Resentencing

On November 4, 2014, California voters passed Proposition 47.  
This proposition is very significant for many individuals who were
convicted of certain felonies in the past.  Under Proposition 47,
individuals convicted of certain felonies may petition the court for a
reduction of the felony conviction to a misdemeanor, and/or may
also petition for resentencing on that conviction.  Therefore, Prop 47
may provide many benefits for individuals convicted of certain
crimes.  Such benefits may include possible early release from
custody, termination of probation or parole, and the reduction of
numerous qualifying felonies to misdemeanors.   

1.  P.C. 1170.18(a) specifically lists  Sections 11350,
11357, or 11377 of the Health and Safety Code, and
sections 459.5, 473, 476a, 490.2, 496, or 666 of the Penal
Code, as “those sections have been amended or added
by this act.” However, it appears that many other
sections could also be affected by Prop 47.   

The list below is not intended to be exhaustive, but it
appears that in addition to the sections that are specified
with particularity in Penal Code section 1170.18(a),  
additional sections may also be eligible for relief under
Prop 47.  

For a more specific analysis of your particular situation,
please contact our office at 805-644-1071.  

P.C. 459 -- Commercial Burglary of a Store During Regular Business
Hours

P.C. 459.5 -- Shoplifting (less than $950 in value of item taken)

P.C. 473 -- Forgery

P.C. 476a -- Fraud/Bad Checks

P.C. 487 -- Grand Theft

P.C. 490.2 -- Grand Theft  (less than $950 in value of item taken)

P.C. 484 / 666 -- Petty Theft/ Shoplifting (unless petitioner has 3 or
more prior convictions for certain theft offenses)

P.C. 496 -- Receiving Stolen Property

H&S 11350 --  Possession of a Controlled Substance

H&S 11357(a) -- Possession of Concentrated Cannibis

H&S 11377 -- Possession of Methamphetamine

Note:  For theft charges to be reduced, the amount stolen
must have been less than $950.

If you have certain strike priors (see below) or if you are required to
register pursuant to PC 290(c), then the court cannot reduce your
charge from a felony to a misdemeanor.


2.  If you have been convicted of any of the following
offenses (non-exclusive list provided below), the court
will not be able to reduce your felony to a misdemeanor
under Proposition 47
:

P.C. 187  --  Murder (and attempted murder—see P.C. 664–187,
below)

P.C. 191.5(a)  --  Gross Vehicular Manslaughter While Intoxicated

P.C. 191.5(b) -- Vehicular Manslaughter While Intoxicated (formerly
P.C. 192(c)(3))

P.C. 192(c)(3) -- Vehicular Manslaughter While Intoxicated (now P.
C. 191.5(b)) [P.C. 192(c)(3) was renumbered to P.C. 191.5(b)
effective 1/1/2007. P.C. 668.5 provides that an offense specified as
a prior felony conviction by reference to a specific code section shall
include any prior felony conviction under any predecessor statute of
that specified offense that includes all of the elements of that
specified offense. Since P.C. 191.5 is specified in Prop 36, its
predecessor statute also qualifies.]

P.C. 205  --  Aggravated Mayhem (a life crime)

P.C. 206  -- Torture (a life crime)

P.C. 207  --  Kidnapping (if the intent is to commit P.C. 261, 262,
264.1, 286, 288, 288a, or 289)

P.C. 209(a) -- Kidnapping for Ransom or Extortion (a life crime)

P.C. 209(b)  --  Kidnapping to Commit Robbery or a Sex Crime (a life
crime)

P.C. 209.5 -- Kidnapping in the Commission of Carjacking (a life
crime)

P.C. 217.1(b)  -- Attempted Murder of  a Gov’t Official (a life crime)

P.C. 218  --  Acting With Intent to Derail or Wreck a Train (a life
crime)

P.C. 219  -- Derailing or Wrecking a Train (a life crime)

P.C. 220 -- Assault With Intent to Commit a Sex Crime (but not
mayhem)

P.C. 236.1(b) -- Human Trafficking With the Intent to Effect a
Specified Violation (e.g., pimping, pandering, obscene matter)

P.C. 236.1(c) -- Human Trafficking Involving Inducing a Minor to
Commit a Commercial Sex Act

P.C. 243.4  -- Sexual Battery

P.C. 245(d)(3)  -- Assault on a Peace Officer or Firefighter

P.C. 261(a)(1), (2), (3), (4) & (6)  -- Rape (except submitting under
false belief (a)(5) or threatening to use the authority of a public
official (a)(7))

P.C. 262 -- Spousal Rape (if by force, violence, duress, menace, or
threat to retaliate)

P.C. 264.1 -- Rape or Sexual Penetration in Concert

P.C. 266 -- Enticing or Procuring a Female for Prostitution or Illicit
Purposes

P.C. 266c -- Inducing a Sex Act by a False Representation Creating
Fear

P.C. 266h(b) -- Pimping Involving a Victim/Prostitute Who is a Minor

P.C. 266i(b) -- Pandering Involving a Victim/Prostitute Who is a Minor

P.C. 266j -- Providing or Transporting a Child Under Age 16 for a
Lewd Act

P.C. 267 -- Abducting a Minor for Purposes of Prostitution

P.C. 269 -- Aggravated Sexual Assault of a Child (a life crime)

P.C. 272 -- Contributing to the Delinquency of a Minor if Lewd or
Lascivious Conduct is Involved

P.C. 273ab -- Assault on a Child Under Age 8 That Results in Death
(a life crime)

P.C. 285 -- Incest

P.C. 286 -- Sodomy

P.C. 288 -- Lewd or Lascivious Act on a Minor or Dependent Person

P.C. 288a -- Oral Copulation

P.C. 288.2 -- Distributing or Exhibiting Harmful Matter to a Minor for
the Purpose of Seduction (only a felony violation of P.C. 288.2 is
Prop. 47 disqualifier)

P.C. 288.3 -- Contacting or Communicating With a Minor or Person
Believed to be a Minor for Purposes of Engaging in Lewd Behavior

P.C. 288.4 -- Arranging a Meeting With a Minor or Person Believed
to be a Minor for Purposes of Engaging in Lewd Behavior

P.C. 288.5 -- Continuous Sexual Abuse of a Child

P.C. 288.7 -- Sex Act With a Child Age 10 or Younger (a life crime)

P.C. 289 -- Sexual Penetration

P.C. 311.1 -- Sending, Bringing, or Possessing Obscene Matter
Depicting a Person Under Age 18, With the Intent to Distribute or
Exhibit

P.C. 311.2(b) -- Sending, Bringing, or Possessing Obscene Matter
Depicting a Person Under Age 18, With the Intent to Distribute or
Exhibit, for Commercial Consideration

P.C. 311.2(c) -- Sending, Bringing, or Possessing Obscene Matter
Depicting a Person Under Age 18, With the Intent to Distribute or
Exhibit to a Person Age 18 or Older

P.C. 311.2(d) -- Sending, Bringing, or Possessing Obscene Matter
Depicting a Person Under Age 18, With the Intent to Distribute or
Exhibit to a Person Under Age 18

P.C. 311.3 -- Sexual Exploitation of a Child

P.C. 311.4 -- Using or Permitting a Minor to Pose or Model for
Obscene Matter

P.C. 311.10 -- Advertising for Sales or Distribution Obscene Matter
Depicting a Person Under Age 18

P.C. 311.11 -- Possession of Child Pornography

P.C. 314.1 & P.C. 314.2 -- Indecent Exposure

P.C. 368(d) -- Elder or Dependent Adult Fraud by a Non-Caretaker
(applies only to P.C. 666 offenses)

P.C. 368(e) -- Elder or Dependent Adult Fraud by a Caretaker
(applies only to P.C. 666 offenses)

P.C. 451.5 -- Aggravated Arson (a life crime)

P.C. 647.6 -- (formerly P.C. 647a)  Annoying or Molesting a Child
Under Age 18 or Engaging in Such Conduct With an Adult Who is
Believed to be a Minor

P.C. 653f(b) --Solicitation to Commit Murder

P.C. 653f(c) -- Solicitation to Commit a Specified Sex Crime

P.C. 664 -- Attempt to Commit Any Offense Specified in P.C. 290(c)

P.C. 664-187 -- Attempted Murder, With or Without Premeditation

P.C. 667.61 -- Any Sex Crime Punishable Pursuant ot P.C. 667.61
(One-Strike Sex Offender) (a life crime)

P.C. 667.7 -- Any Crime Punishable Pursuant to P.C. 667.7
(Habitual Sex Offender) (a life crime)

P.C. 667.71 -- Any Crime Punishable Pursuant to P.C. 667.71
(Habitual Sex Offender) (a life crime)

P.C. 4500 -- Assault By a Life Prisoner on a Non-inmate (a life crime)

P.C. 11418  -- Possession of a Weapon of Mass Destruction “as
defined in Section 11418(a)(1)” [Many acts with respect to weapons
of mass destruction (e.g., “using” or “employing”) may involve
possession.]

P.C. 11418(b)(1) -- Using or Employing a Weapon of Mass
Destruction in a Form That May Cause Widespread, Disabling
Illness or Injury in Humans (a life crime)

P.C. 11418(b)(2) -- Using or Employing a Weapon of Mass
Destruction in a Form That May Cause Widespread GBI or Death,
and Actually Causing the Death of a Human (a life crime)

P.C. 12022.53(d) -- Any Felony to Which a P.C. 12022.53(d)
Firearm Use Enhancement Attaches (25 years to life for intentionally
discharging a firearm that proximately causes GBI or death)

P.C. 18745  -- Exploding a Destructive Device with the Intent to
Commit Murder [Formerly P.C. 12308] (a life crime)

P.C. 18755(a) -- Exploding a Destructive Device or Explosive
Causing Death [Formerly P.C. 12310(a)] (a life crime)

P.C. 18755(b) -- Exploding a Destructive Device or Explosive
Causing GBI or Mayhem [Formerly P.C. 12310(b)] (a life crime)

P.C. 12308 -- Exploding a Destructive Device with the Intent to
Commit Murder [Now P.C. 18745] (a life crime)

P.C. 12310(a) -- Exploding a Destructive Device or Explosive
Causing Death [Now P.C. 18755(a)] (a life crime)

P.C. 12310b -- Exploding a Destructive Device or Explosive Causing
Death or Mayhem [Now P.C. 18755(b)] (a life crime)

Military & Vets. 1670/1672(a) -- Sabotage: Hindering or Delaying
Preparation for Defense or War, and Causing Death or GBI (a life
crime)

Military & Vets. 1671/1672(a) -- Sabotage:  Making or Omitting to
Note Defects in Things Intended to be Used for Defense or War, and
Causing Death or GBI (a life crime)



3.  What does Penal Code 1170.18 state?

Penal Code 1170.18 states that:

(a) 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 Sections 11350, 11357, or 11377 of the Health and Safety
Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal
Code, as those sections have been amended or added by this act.

(b) 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 Sections 11350, 11357,
or 11377 of the Health and Safety Code, or Section 459.5, 473,
476a, 490.2, 496, or 666 of the Penal Code, those sections have
been amended or added by this act, unless the court, in its
discretion, determines that resentencing the petitioner would pose
an unreasonable risk of danger to public safety. In exercising its
discretion, the court may consider all of the following:

(1) The petitioner s criminal conviction history, including the type of
crimes committed, the extent of injury to victims, the length of prior
prison commitments, and the remoteness of the crimes.

(2) The petitioner s disciplinary record and record of rehabilitation
while incarcerated.

(3) Any other evidence the court, within its discretion, determines to
be relevant in deciding whether a new sentence would result in an
unreasonable risk of danger to public safety.

(c) As used throughout this Code, unreasonable risk of danger to
public safety means an unreasonable risk that the petitioner will
commit a new violent felony within the meaning of clause (iv) of
subparagraph (C) of paragraph (2) of subdivision (e) of Section 667.

(d) A person who is resentenced pursuant to subdivision (b) shall be
given credit for time served and shall be subject to parole for one
year following completion of his or her sentence, unless the court, in
its discretion, as part of its resentencing order, releases the person
from parole. Such person is subject to Section 3000.08 parole
supervision by the Department of Corrections and Rehabilitation
and the jurisdiction of the court in the county in which the parolee is
released or resides, or in which an alleged violation of supervision
has occurred, for the purpose of hearing petitions to revoke parole
and impose a term of custody.

(e) Under no circumstances may resentencing under this section
result in the imposition of a term longer than the original sentence.

(f) A person who has completed his or her sentence for a conviction,
whether by trial or plea, of a felony or felonies who would have been
guilty of a misdemeanor under this act had this act been in effect at
the time of the offense, may file an application before the trial court
that entered the judgment of conviction in his or her case to have
the felony conviction or convictions designated as misdemeanors.

(g) If the application satisfies the criteria in subdivision (f ), the court
shall designate the felony offense or offenses as a misdemeanor.

(h) Unless requested by the applicant, no hearing is necessary to
grant or deny an application filed under subsection (f ).

(i) The provisions of this section shall not apply to persons who have
one or more prior convictions for an offense specified in clause (iv)
of subparagraph (C) of paragraph (2) of subdivision (e) of Section
667 or for an offense requiring registration pursuant to subdivision
(c) of Section 290.

(j) Any petition or application under this section shall be filed within
three years after the effective date of the act that added this section
or at a later date upon a showing of good cause.

(k) Any felony conviction that is recalled and resentenced under
subdivision (b) or designated as a misdemeanor under subdivision
(g) shall be considered a misdemeanor for all purposes, except that
such resentencing shall not permit that person to own, possess, or
have in his or her custody or control any firearm or prevent his or
her conviction under Chapter 2 (commencing with Section 29800) of
Division 9 of Title 4 of Part 6.

(l) If the court that originally sentenced the petitioner is not available,
the presiding judge shall designate another judge to rule on the
petition or application.

(m) Nothing in this section is intended to diminish or abrogate any
rights or remedies otherwise available to the petitioner or applicant.

(n) Nothing in this and related sections is intended to diminish or
abrogate the finality of judgments in any case not falling within the
purview of this act.

(o) A resentencing hearing ordered under this act shall constitute a
post?conviction release proceeding under paragraph (7) of
subdivision (b) of Section 28 of Article I of the California Constitution
(Marsy s Law)


The above information is NOT intended as legal advice,
but rather offered as general information.  

If you wish to discuss your case in detail with us
regarding whether you can get a prior felony or a current
felony (even if you are still serving the sentence)
reduced to a misdemeanor, please contact our office at
805-644-1071.
LAW OFFICES OF MONTY S. GILL
674 County Square Drive, Suite-310
Ventura, California  93003
Phone:  (805) 644-1071     Email:  
attorneygill@yahoo.com
Click here to Contact Us
The information provided below is NOT intended as
legal advice, but rather offered as general information.  

If you wish to discuss your case in detail with us
regarding whether you can get a prior felony or a
current felony (even if you are still serving the
sentence) reduced to a misdemeanor, please contact
our office at 805-644-1071