People v. Adelmann

A defendant, who has been placed on probation in one county but permanently resides in another and whose whose probation case has been transferred, must file a petition for resentencing under Proposition 47 in the original sentencing court. See Cal. Penal Code 1170.18. Defendant was placed on felony probation by the San Diego County Superior Court. Defendant lived in Riverside County, and the court transferred his case there. Defendant later filed a petition in Riverside County to recall his felony sentence and impose a misdemeanor term under Proposition 47. The Riverside court granted Defendant’s petition. The Court of Appeal affirmed. The Supreme Court reversed, holding that, even in the case of a probationary transfer, the original sentencing court is the proper venue for a resentencing petition under section 1170.18. View "People v. Adelmann" on Justia Law