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People also ask
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What is the Prop 47 resentencing?
On November 4, 2014, California voters passed Proposition 47, a law that reclassifies many theft and drug-related felonies to misdemeanors. Misdemeanors are generally punishable from six months to a year in jail. You may be eligible to have your felony conviction reclassified to a misdemeanor and be resentenced.
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What does resentencing mean in court?
To petition you may use form TCR-81 Petition for Resentencing – Proposition 47 (Safe Neighborhoods and Schools Act). The form is available at the Superior Court of California, County of Fresno, Felony Clerks Office and the Court Action Center.
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How do you recall and resentencing in California?
Penal Code 1172.1 Penal Code § 1172.1 provides the mechanism for resentencing in cases where the original sentence is no longer in the interest of justice or was disproportionately harsh. It empowers the court to recall a sentence and resentence an inmate if it finds that the original sentencing was excessive.
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What is the main purpose of a petition?
Penal Code § 1172.1 provides the mechanism for resentencing in cases where the original sentence is no longer in the interest of justice or was disproportionately harsh. It empowers the court to recall a sentence and resentence an inmate if it finds that the original sentencing was excessive.
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What is a petition for resentencing?
Section 1172.1 - Resentencing requests (a) (1) When a defendant, upon conviction for a felony offense, has been committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or to the custody of the county correctional administrator pursuant to subdivision (h) of Section 1170, the court ...
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Is Prop 47 good or bad?
47 led to an increase in property crime in California, report says. How bad was it? Proposition 47 achieved its goal of decreasing incarceration by reclassifying certain drug- and theft-related felony offenses as misdemeanors, but contributed to a rise in property crime as a result.
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