California v. Sweeney
Annotate this CaseDefendant Leo Sweeney was convicted of 10 felonies, all arising out of a take-over bank robbery, and sentenced to a total of 82 years to life in prison. He filed a petition to redesignate two of those felonies as misdemeanors pursuant to Proposition 47 (this would not have changed the total term). The trial court denied the petition, ruling that defendant was not eligible for relief under Proposition 47, because the two felonies at issue were accompanied by gang enhancements. Defendant appealed. After review, the Court of Appeals held that the gang enhancements did not disqualify defendant from relief. However, he failed to carry his burden to show that the two felonies involved property worth $950 or less. Accordingly, the Court reversed and remanded with directions to allow defendant to file an amended petition.
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