In T.W., A144528, a published decision, the First District held Proposition 47’s “retroactive resentencing provision” applies to negotiated dispositions in delinquency cases. Enacted through Proposition 47, Penal Code Section 1170.18 allows juveniles to petition for resentencing or a reduction of sentence. The District Attorney argued that Section 1170.18 does not apply to prior plea dispositions in juvenile court. However, the Court found Section 1170.18 clearly and unambiguously and stated, “A person currently serving a sentence for a conviction, whether by trial or plea of eligible felonies may petition for resentencing to a misdemeanor.”
Congratulations Ji Seon Song and Jonathan Laba of the Contra Costa County Public Defender’s Office!
Here is the opinion: http://www.courts.ca.gov/opinions/documents/A144528.PDF