Does section 496d of the California Code of Civil Procedure apply to a defendant convicted of assault under Proposition 47?
California, United States of America
The following excerpt is from People v. Garness, 194 Cal.Rptr.3d 676, 241 Cal.App.4th 1370 (Cal. App. 2015):
People v. Chenze(2002) 97 Cal.App.4th 521, 528, 118 Cal.Rptr.2d 362.) We decline to presume, therefore, based on the similarities between section 496and section 496d, that the absence of any explicit grant of relief to those convicted under section 496dwas an omission or unintentional ambiguity in Proposition 47.
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