California v. Evans
Annotate this CaseDefendant John Evans appealed his 2015 sentence, arguing it improperly included a one-year enhancement under Penal Code section 667.5(b) for an offense the trial court designated a misdemeanor shortly after imposing the enhancement. The State argued the sentence was lawful because the offense was a felony at the time the court imposed the enhancement and Proposition 47 did not apply retroactively to enhancements. While the Court of Appeal agreed Proposition 47 did not apply retroactively to enhancements, the Court concluded that, under the California Supreme Court’s holding in "In re Estrada," (63 Cal.2d 740, 748 (1965)), Proposition 47 applied to Section 667.5(b) enhancements in judgments that had not yet become final. Because the offense on which Evans’s Section 667.5(b) enhancement was based was no longer a felony and his judgment was not yet final, Evans fell into the narrow class of offenders who are entitled to relief under Estrada.
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