Wednesday, December 2, 2015

People v. Amaya: A Proposition 47 Petition May be Oral

Mr. Amaya pled to numerous counts of felony commercial burglary in 2012.  In December of 2014, while in court on a probation violation, Amaya asked the judge to "reduce 'this' to a misdemeanor under Proposition 47."  The judge denied the motion and Amaya appealed.

The issue is whether Amaya's statement constituted a "petition" under PC 1170.18.  A panel from the Second District holds it does and remands the case to the trial court to consider Amaya's petition.

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