California v. Mutter
Annotate this CaseThe trial court denied the Proposition 47 petition for resentencing of defendant-appellant James Mutter. Defendant argued on appeal that the trial court erred because the crime for which he sought resentencing (possession or receipt of counterfeit currency) was a misdemeanor after the passage of Proposition 47. After review, the Court of Appeal concluded that defendant's offense qualified as a misdemeanor under Proposition 47. Accordingly, the Court reversed the trial court and remanded: if defendant was still serving his sentence, the trial court was mandated to resentence defendant to a misdemeanor unless it determined that resentencing defendant would pose an unreasonable risk of danger to public sentence. If defendant has completed his sentence, the Court directed the trial court to reduce defendant's felony conviction.
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