California Court of Appeal

Denial of Proposition 47 petition for resentencing is affirmed because when a defendant's sentence for felony no. 2 is enhanced under section 667.5(b), for defendant's service of a term of imprisonment on felony no. 1, and when the defendant later has felony no. 1 redesignated as a misdemeanor under Proposition 47, that redesignation does not operate retroactively and thereby entitle the defendant to be resentenced on felony no. 2 to eliminate the section 667.5(b) enhancement.

Appellate Information

• Published 2016/03/03

Judges

• HOFFSTADT

Court

• California Court of Appeal

Counsel