California Court of Appeal

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People v. Evans, 064243

Sentence enhancement under Penal Code section 667.5(b) for an offense the trial court designated a misdemeanor shortly after imposing the enhancement, is stricken where: 1) Proposition 47 applies to Section 667.5(b) enhancements in judgments that have not yet become final; and 2) because the offense on which defendant's Section 667.5(b) enhancement was based is no longer a felony and his judgment is not yet final, defendant falls into the narrow class of offenders who are entitled to relief under In re Estrada (1965) 63 Cal.2d 740, 748.

Appellate Information

  • Decided
  • Published 2016/12/15




  • California Court of Appeal


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