People v. Call
Annotate this CaseDefendant was convicted of transportation of methamphetamine and possession of methamphetamine for sale. Three prior prison term enhancement allegations were found true in a bifurcated court trial and those prior convictions were reduced to misdemeanors pursuant to Proposition 47, Penal Code 667.5. In the published portion of the opinion, the court agreed with defendant that the imposition of those three prior prison terms at her sentencing on the new offenses was error. The court reasoned that, even though the prior convictions were felonies when defendant committed the new offenses, and even though the prior prison term allegations were adjudicated prior to the convictions being reduced to misdemeanors, the reductions occurred prior to defendant's sentencing. Since, at the time of sentencing, the prior convictions were no longer felonies, the court concluded that the prior prison term enhancements could not be imposed. Therefore, the court modified the judgment in regard to the three one-year enhancements and affirmed.
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