People v. Kelly
Annotate this CaseThe Court of Appeal held, and the parties agreed, that two of defendant's prior prison term enhancements under Penal Code section 667.5(b) were imposed erroneously because the convictions on which they were based had been reclassified from felonies to misdemeanors pursuant to Proposition 47 before sentencing. The court held that the reduction of the two felonies to misdemeanors under Proposition 47 resulted in a period exceeding five years during which defendant was free of felony convictions. Therefore, the six prior prison terms occurring before that five-year period should wash out and the enhancements based on those prison terms be stricken. The court also held that defendant's contention of error based on a prior conviction from April 1992 was moot. Finally, the court rejected defendant's remaining claims.
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