Excluding Prior Convictions

Re-sentencing & Redesignation

Many current offenses that are misdemeanors under Prop 64 are felonies or wobblers if the defendant has one of the following offenses. It is currently unsettled if one of the following offenses will prevent a person from seeking a post-conviction reduction or resentencing. Under Prop 47, the resentencing and redesignation statute, PC1170.18, specifically said in subdivision (i), that a super-strike or sex offender registration prevented one from getting relief under PC1170.18.

The resentencing and redesignation statute for Prop 64, HSC11361.8, has no such language. However, since the amended crimes (HSC11358, HSC11359, HSC11360) state that it may be a felony if the defendant has a super-strike or a sex offender registerable offense, a prosecutor could argue that such convictions disqualify one from Prop 64 relief.

There is also a question of when does it have to be prior. Under Prop 47, the prior conviction need only be prior to the application or petition for Prop 47 relief. (People v. Montgomery (2016) 247 Cal. App.4th 1179, rev. den. September 22, 2016, S235775; People v. Zamarripa (2016) 247 Cal. App.4th 1179, rev. den. September 21, 2016, S235810.) It is unknown for Prop 64 what the prior conviction needs to be prior to.

Petitioning for Relief in Nevada County

Please use the following forms and submit them to both the District Attorney and the Court. The Court is allowing the District Attorney's Office 30 days to review the petition and determine if they object to the granting of the requested relief.