People v. Warren
Annotate this CaseWarren pleaded no contest to offenses arising from an incident in which he brandished a gun. He received a seven-year sentence that included four one-year enhancements under Penal Code 667.5,(b), each based on a prior felony conviction and its associated prison term. The court of appeal remanded for resentencing. One of the enhancements was imposed erroneously because the prior offense on which it was based was reclassified as a misdemeanor under Proposition 47 before sentencing. The other three enhancements were based on prior felonies that were not reclassified. However, because other prior felonies were reclassified, the three remaining felonies were followed by five years during which Warren was free of felony convictions, even though he actually served felony prison terms. Under the “washout provision” of section 667.5(b),a sentencing enhancement is not imposed if the defendant is free of both felony convictions and incarceration in prison for five years following release from the previous incarceration . An intent of Proposition 47 is to relieve defendants of the burdens of both felony convictions and felony sentences. Interpreting the washout provision to allow prison terms for reclassified priors to be disregarded honors this intent while upholding the intent of section 667.5(b).
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