What is the effect of section 1170.18 of the California Penal Code on drug possession and drug dealing?

California, United States of America


The following excerpt is from People v. Maldonado, D067477 (Cal. App. 2015):

The Act "makes certain drug- and theft-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants. These offenses had previously been designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors)." (People v. Rivera (2015) 233 Cal.App.4th 1085, 1091.) The Act also added section 1170.18 to the Penal Code, which provides: "A person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section ('this act') had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing."

Other Questions


What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
Does former Penal Code section 12020 of the California Penal Code prohibit possession of a wide variety of weapons? (California, United States of America)
In a motion to vacate a conviction pursuant to section 1016.5,1 of the California Penal Code, what is the effect of that section? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code in dealing with unlawful possession of a firearm and the concurrent possession of ammunition? (California, United States of America)
Does Section 654 of the Penal Code section 654 apply when dealing with possession for sale of a large quantity of drugs? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Does former Penal Code section 12020 of the California Penal Code prohibit possession of a wide variety of weapons? (California, United States of America)
Is a convicted member of a street gang who is serving time for a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm under section 186.22 of the California Penal Code (b)(1)(1) of the Penal Code)? (California, United States of America)
What is the effect of section 654 of the Criminal Code of California on a sentence for possession of a firearm and possession of ammunition? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.