People v. Shabazz
Annotate this CaseDefendant pled no contest to two felonies, methamphetamine possession and receiving stolen property. After defendant completed his sentence, voters approved Proposition 47. If defendant files an application in the trial court, he is potentially entitled to have his felony convictions reduced to misdemeanors provided he does not have a disqualifying prior conviction. The court concluded, however, that Proposition 47 does not apply retroactively so as to permit the court to modify the judgment and then direct that, upon remittitur issuance, defendant's convictions be designated misdemeanors. Defendant is limited to the statutory remedy set forth in Pen. Code 1170.18, subdivision (f). Defendant must file an application in the trial court to have his felony convictions designated misdemeanors. Accordingly, the court affirmed the judgment with modifications.
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