Supreme Court limits resentencing under Prop. 47
March 12, 2018
In People v. DeHoyos, the Supreme Court today holds that Proposition 47 — adopted in 2014 to reduce certain felonies to misdemeanors and provide resentencing opportunities for those already convicted of the downgraded felonies — does not require automatic resentencing for those whose convictions were on appeal when the initiative passed. Instead, says the court’s unanimous opinion by Justice Leondra Kruger, those felons must petition for resentencing and have a court make the statutorily required determination whether resentencing “would pose an unreasonable risk of danger to public safety.”
The court affirms the Fourth District, Division One, Court of Appeal.
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