Ruff

People v. Ruff

Good Law
198 Cal. Rptr. 3d 704·2016 Cal. App. LEXIS 99·244 Cal. App. 4th 935
Court of Appeal of CaliforniaFebruary 10, 2016F068131California5,045 words

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…

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