California Court of Appeal

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People v. Buycks, B262023

In a Proposition 47 appeal, Penal Code section 1170.18(k), challenging the imposition of an on-bail sentence enhancement, the enhancement is stricken where: 1) because appellant was subject to a full resentencing in his second case, the court was required to evaluate the circumstances as they existed then, and by that time appellant’s prior felony had been reduced to a misdemeanor: and as a result 2) defendant was ineligible for the section 12022.1 enhancement and the court erred by reimposing it. The case is otherwise affirmed as modified.

Appellate Information

  • Decided 10/20/2015
  • Published 10/20/2015

Judges

  • FLIER

Court

  • California Court of Appeal

Counsel

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