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Proposition 47 - Safe Neighborhoods and Schools Act

2/18/2016

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Proposition 47 reduced certain property and drug offenses from felonies to misdemeanors.  The Act allows for resentencing for defendants currently serving felony sentences under prior law.  In People v. Brown, the Court of Appeals decided the issue of whether the a defendant was ineligible for resentencing under Prop 47 when they were convicted by a guilty plea.  Apart from  categorical disqualifications found in the statute: serious or violent felonies, defendants required to register as sex offenders, and defendants found to pose an unreasonable risk of committing a new violent crime, the statute does not disqualify a petitioner under Prop 47 simply because they were convicted by a guilty plea.  The conclusion was that the subsequent decision by the Legislature to amend the law may have the effect of altering the terms of the plea agreement in spite of arguments that the People were deprived of the benefit of the bargain.  2016 S.O.S. 940
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    Alana Yakovlev is a stellar trial lawyer with a heavy emphasis on criminal defense and civil rights. Rated one of the top trial attorneys in the country, Ms. Yakovlev's advocacy leads to immediate and effective results for her clients.

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