Supreme Court of California

The imposition of a five year sentence enhancement, based upon defendant's previously having been convicted of a serious felony, is reversed, where: 1) the court in the prior proceeding properly exercised its discretion by reducing the assault with a deadly weapon conviction to a misdemeanor; and thus, 2) that offense no longer qualified as a prior serious felony within the meaning of Penal Code section 667(a), and could not be used, under that provision, to enhance defendant's sentence.

Appellate Information

• Decided 05/13/2013
• Published 05/13/2013

Judges

• CANTIL - SAKAUYE

Court

• Supreme Court of California

Counsel