A year ago I plead giulty to 11352a and 496a thus making me a felon never in trouble prior to this then 5 months later doj showed up and asked for my guns that were registered to me I gave them to them and now going to prison for 4 yrs unless prop 47 will reduce my felony charges making me a nonfelon please help I'm being sentenced tomorrow morning thank you
Prop 47 will reduce a PC 496 to a misdemeanor but not an HS 11352. In addition, Prop 47 contains language that would prevent you from possessing a firearm and NOT prevent a conviction under PC 29800 for possessing a firearm even if Prop 47 reduced both felonies to misdemeanors. Talk to your attorney about it and see if you have any arguments.
You might be able to have this apply to the 496. Drug Transport convictions are not eligible for prop 47.
You should really be discussing this with your attorney if you have a sentencing hearing tomorrow. They need to know that you want the Court to apply Prop 47 where possible. And they should know asap, not last minute so they can file appropriate paperwork.
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The PC 496(a) charge may be reduced if the value of the property was less than $950. The 11352(a) charge does not qualify.
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