Ruff
People v. Ruff
Opinion
Lead Opinion
Detjen, J.
*938 INTRODUCTION
James Tilton Ruff (defendant) stands convicted, following a jury trial, of second *706 degree robbery. (Pen. Code, § 212.5, subd. (c) ; see id. , § 211.) 1 He was found to have served multiple prior prison terms. (§ 667.5, subd. (b).) On September 18, 2013, he was sentenced to five years in prison for the robbery, plus a consecutive one-year term for two of the enhancements, for a total of seven years.
On November 4, 2014, voters enacted Proposition 47, "the Safe Neighborhoods and Schools Act" (Proposition 47 or the Act), which went into effect the next day. ( People v. Rivera (2015) 233 Cal.App.4th 1085 , 1089, 183 Cal.Rptr.3d 362 .) The Act reduced certain felony or wobbler drug- and theft-related offenses to misdemeanors, unless committed by an ineligible defendant. ( People v. Lynall (2015) 233 Cal.App.4th 1102 , 1108, 183 Cal.Rptr.3d 129 ; see § 1170.18, subd. (i).) Insofar as is pertinent here, it also provided a mechanism by which a person who had completed his or her sentence for a conviction of a felony that was made a misdemeanor by the Act, could apply to the trial court that entered the judgment of conviction and have the felony offense designated…