McDowell

People v. McDowell

Good Law
2 Cal. App. 5th 978·2016 Cal. App. LEXIS 720·206 Cal. Rptr. 3d 765
Court of Appeal of CaliforniaAugust 26, 2016B265879California1,386 words

Opinion

Opinion

Rubin, J.

—Kedrene McDowell appeals from the judgment resentencing him to an overall prison term the same length as his previous plea-bargained sentence after the trial court granted his motion to reduce two of his several convictions to misdemeanors pursuant to Proposition 47. We affirm because Proposition 47 permits imposing a new sentence that equals the previous sentence and because the trial court did not abuse its discretion by doing so here.

FACTS AND PROCEDURAL HISTORY

In 2012 McDowell pled no contest to six felony burglary counts (Pen. Code, § 459) and admitted the truth of allegations that he committed the current offenses while out on bail for another crime (Pen. Code, § 12022.1) and had one prior conviction that qualified as a strike under the “Three Strikes” law. As part of a plea bargain, the court sentenced him to a total of 10 years in state prison as follows: 16 months for each count, calculated as one-third the midterm, doubled under the Three Strikes law (96 months), plus two years for the out-on-bail allegation. These were to run consecutively to the four-year sentence imposed in the out-on-bail case (People v. McDowell (Super. Ct. L.A. County, 2012, No.…

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