People v. Williams
Annotate this CaseProposition 47, Penal Code 1170.18, downgrades several felonies and wobblers to misdemeanors and permits persons convicted of those felonies and wobblers to have them redesignated as misdemeanors. Penal Code 667.5, subdivision (b), requires a court to increase any sentence of imprisonment for a felony by one extra year for each of a defendant’s prior felony convictions that resulted in a separate term of imprisonment. The court held that, when a defendant’s sentence for felony no. 2 is enhanced under section 667.5, subdivision (b), for defendant’s service of a term of imprisonment on felony no. 1, and when the defendant later has felony no. 1 redesignated as a misdemeanor under Proposition 47, that redesignation does not operate retroactively and thereby entitle the defendant to be resentenced on felony no. 2 to eliminate the section 667.5, subdivision (b) enhancement. Accordingly, the court affirmed the trial court's order declining to resentence as to the defendant in this case.
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