California Court of Appeal

Partial denial of petition to recall defendant's sentence and reduce certain felonies to misdemeanors pursuant to Proposition 47, the Safe Neighborhoods and Schools Act, is reversed where: 1) in determining a defendant's eligibility for resentencing under the Act, the trial court may consider, in addition to the record of conviction, any facts the parties clearly agree to, as long as such facts only augment, and do not contradict or otherwise detract from, the record of conviction; and 2) defendant has established eligibility for resentencing as to one of his two second degree burglary convictions; but 3) the court declines to strike defendant's prior prison term enhancements, because the Act does not apply retroactively.

Appellate Information

• Published 2016/02/08

Judges

• DUARTE

Court

• California Court of Appeal

Counsel