P.

People v. Park

Good Law
156 Cal. Rptr. 3d 307·2013 Cal. LEXIS 4006·56 Cal. 4th 782·2013 WL 1943286·299 P.3d 1263
Supreme Court of CaliforniaMay 13, 2013S193938California9,480 words

Opinion

Opinion

Cantil-Sakauye, J.

When the trial court sentenced defendant Aaron Sung-Uk Park for his crimes in the present proceeding, it imposed an additional term of five years under Penal Code section 667, subdivision (a), based upon defendant’s previously having been convicted of a serious felony. The prior offense that triggered application of the five-year sentence enhancement was a conviction for assault with a deadly weapon that had originally been charged as a felony. After defendant had pleaded guilty to that charge, the court had suspended imposition of sentence and granted probation. Thereafter, but before defendant committed the current crimes, the trial court had reduced the prior offense to a misdemeanor under section 17, subdivision (b)(3), and then dismissed it pursuant to section 1203.4, subdivision (a)(1). The Court of Appeal held that the conviction remained a prior serious felony for purposes of sentence enhancement under section 667, subdivision (a), notwithstanding its reduction to a misdemeanor, and affirmed the five-year sentence enhancement imposed by the court. We conclude that when the court in the prior.proceeding properly exercised its discretion by reducing the assault with…

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