People v. Ward CA5

INTRODUCTION

Must a defendant’s sentence, enhanced by a prior prison term pursuant to Penal Code section 667.5, subdivision (b),1 now be altered because subsequent to sentencing, the conviction that gave rise to the enhancement may be reduced to a misdemeanor under Proposition 47? We conclude the answer is no. This court held in People v. Bradshaw (2016) 246 Cal.App.4th 1251, 1257-1258 (Bradshaw), that a petition seeking reclassification of a prior felony offense as a misdemeanor must be filed in the trial court pursuant to the statutory remedy set forth in section 1170.18. However, even if the trial court grants the petition, we conclude Proposition 47 does not operate retroactively to alter a prior prison term enhancement where the defendant’s sentence is enhanced before the conviction is reduced. Defendant Anthony Derrick Ward is currently serving a prison sentence of 25 years to life, plus two consecutive terms of 25 years to life. He contends several prior prison terms used to enhance his sentence must be stricken because the felony convictions underlying the enhancements may be reduced to misdemeanors under Proposition 47. A petition seeking reclassification has not yet…