California Court of Appeal

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People v. Marks, 063516

Denial of petition for recall and reduction of sentence under Penal Code section 1170.18 and Proposition 47, for convictions of corporal injury on a spouse or cohabitant, Pen. Code section 273.5(a), and misdemeanor criminal threat, Pen. Code section 422, is affirmed where defendant seeks reclassification of his prior convictions as misdemeanors and section 1170.18 provides no procedure for reclassifying prior offenses through a petition for resentencing on a current conviction. Rather, as to the prior offenses, defendant was required to file a petition under section 1170.18(f), in the court in which he suffered those convictions.

Appellate Information

  • Decided
  • Published 2015/12/23

Judges

  • McKINSTER

Court

  • California Court of Appeal

Counsel

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