People v. Isaia CA4/3

I. Introduction Sierra Isaia appeals from the order granting, in part, his petition under Penal Code section 1170.18 (section 1170.18) for a recall of sentence and resentencing. The trial court granted the petition, reduced a prior felony conviction for possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) to a misdemeanor, and resentenced Isaia. The court declined, however, to grant Isaia’s request to dismiss a prior felony conviction enhancement allegation that was based on a felony conviction that had been designated as a misdemeanor under section 1170.18. We conclude that designation of an earlier felony conviction as a misdemeanor pursuant to section 1170.18 means that conviction no longer qualifies as the basis for imposition of a prior prison enhancement allegation under Penal Code section 667.5, subdivision (b) (section 667.5(b)). The trial court therefore should have granted Isaia’s request to strike the prior felony conviction enhancement allegation that was based on the felony conviction that had been designated as a misdemeanor. We therefore reverse in part and remand for resentencing.

II.

Background Isaia was charged by information with three…