People v. Vasquez
Annotate this CasePetitioner seeks to have his 1995 felony conviction designated as a misdemeanor pursuant to Proposition 47, Penal Code section 1170.18. The trial court granted the petition to redesignate petitioner's conviction, but denied his request to vacate the completed sentence. The court concluded that Penal Code section 1170.18 allows resentencing only for petitioners currently serving a sentence for a qualifying felony. In this case, because petitioner was not currently serving the sentence relating to his qualifying conviction, section 1170.18 did not give the trial court jurisdiction to vacate or otherwise change petitioner’s completed sentence. Accordingly, the court affirmed the judgment.
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