California Court of Appeal

In a petition for writ of habeas corpus relief from sentence for conviction of possession of a firearm by a felon, Pen. Code section 29800(a)(1), with one prior strike conviction, sections 667(b)--(i) and 1170.12(a)--(d), and two prior prison terms, section 667.5(b), the grant of petition is reversed and original sentence reinstated where the Proposition 47 reclassification of defendant's 2009 felony conviction of petty theft with a prior as a misdemeanor, which occurred after his original sentence, does not preclude its use to support his section 667.5(b) enhancement.

Appellate Information

• Published 2017/02/15

Judges

• WILLHITE

Court

• California Court of Appeal

Counsel