People v. Williams
Opinion
Lead Opinion
Hoffstadt, J.
*463 The Safe Neighborhoods and Schools Act, enacted by the voters as Proposition 47 in the November 2014 election, downgrades several felonies and wobblers to misdemeanors and permits persons convicted of those felonies and wobblers to have them redesignated as misdemeanors. (Pen.Code, § 1170.18.) 1 As relevant here, section 667.5, subdivision (b), requires a court to increase any sentence of imprisonment *757 for a felony by one extra year for each of a defendant's prior felony convictions that resulted in a separate term of imprisonment. This case deals with the interaction of these two provisions: When a defendant's sentence for felony no. 2 is enhanced under section 667.5, subdivision (b), for defendant's service of a term of imprisonment on felony no. 1, and when the defendant later has felony no. 1 redesignated as a misdemeanor under Proposition 47, does that redesignation operate retroactively and thereby entitle the defendant to be resentenced on felony no. 2 to eliminate the section 667.5, subdivision (b) enhancement? We conclude that it does not, and accordingly affirm the trial court's order declining to resentence in this case.