California Penal Code

§ 1170.22

PEN § 1170.22 Effective Jan 1, 2018Title 7 · Part 2 · Ch. 4.5 · Art. 1

Statute text

(a)A person who is serving a sentence as a result of a violation of Section 647f as it read on December 31, 2017, whether by trial or by open or negotiated plea, may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in his or her case.

(b)If the court’s records show that the petitioner was convicted for a violation of Section 647f as it read on December 31, 2017, the court shall vacate the conviction and resentence the person for any remaining counts.

(c)A person who is serving a sentence and resentenced pursuant to subdivision (b) shall be given credit for any time already served and shall be subject to whatever supervision time he or she would have otherwise been subject to after release, whichever is shorter, unless the court, in its discretion, as part of its resentencing order, releases the person from supervision.

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Legislative history

Added by Stats. 2017, Ch. 537, Sec. 14. (SB 239) Effective January 1, 2018.