§ 1170.22
343 words·~2 min read·
/ca/penal-code/1170-22A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(d)Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence, or the reinstatement of charges dismissed pursuant to a negotiated plea agreement.
(e)Upon completion of sentence for a conviction under Section 647f as it read on December 31, 2017, the provisions of Section 1170.21 shall apply.
(f)Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this section.
(g)A resentencing hearing ordered under this section shall constitute a “post-conviction release proceeding” under paragraph
(7)of subdivision
(b)of Section 28 of Article I of the California Constitution.
(h)The provisions of this section apply to juvenile delinquency adjudications and dispositions under Section 602 of the Welfare and Institutions Code if the juvenile would not have been guilty of an offense or would not have been guilty of an offense governed by this section.
(i)The Judicial Council shall promulgate and make available all necessary forms to enable the filing of petitions and applications provided in this section.