People v. DeHoyos

Resentencing is available to defendants who were serving felony sentences on Proposition 47’s effective date but whose judgments were on appeal and thus not yet final only in accordance with the statutory resentencing procedure in Cal. Penal Code 1170.18.Approved by voters in 2014, Proposition 47 reduces many theft- and drug-related offenses from felonies to misdemeanors for offender who do not have prior convictions for specified violent or serious offenses. Proposition 47 also permits eligible defendants who were serving felony sentences as of Proposition 47’s effective date to obtain the benefit of these changes by petition for resentencing. The resentencing petition must be granted unless the court determines that resentencing a defendant would pose an unreasonable risk of danger to public safety. At issue was whether defendants whose judgments were not yet final were entitled to automatic resentencing under Proposition 47 or whether these defendants must seek resentencing through the statutory resentencing procedure. The Supreme Court held the latter. View "People v. DeHoyos" on Justia Law