It will not have an effect on the gun possession charge- I'm assuming it's a "felon in possession" accusation? It will, however, lower the possession to a misdemeanor but I'm not sure that will really get him anywhere in negotiations for a lesser sentence. The DA will care a whole lot more about the gun.
It also depends on what his prior felony was for. If it was a felony classified as violent or serious or if he is a sex registrant as a result he cannot obtain Prop 47 relief.
Possibly. You should have his attorney review his prior. Best wishes.
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Assuming there are no prior strikes or any other disqualifying factor, the only thing that Prop 47 has any affect on is the possession of methamphetamine so long as it is not charged as "for sale." Prop 47 did not make any changes to a possession of a firearm by someone disqualified from possessing due to a felony conviction. The best thing is for your brother to talk to his attorney if he has one.
It sounds like his total max possible prison time exposure will be reduced 8 mos. if Prop 47 applies. It'll take a review of his rap sheet to see if it does. Reducing the max exposure improves the defendant's bargaining position.
Whether this improvement is in fact helpful to this particular defendant when the case is negotiated by his attorney if there is a sentencing after a trial conviction.
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If your brother is facing a violation of Health and Safety Code section 11377 then proposition 47 may help him. This code section is covered by proposition 47 and will treated as a misdemeanor. This is good news for you brother. However, the possession of a firearm charge will not be affected as that charge is not covered by proposition 47.
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