People v. Buycks

These three consolidated cases presented similar issues concerning Proposition 47’s effect on felony-based enhancements in resentencing proceedings under Cal. Penal Code 1170.18.Proposition 47, or the Safe Neighborhoods and Schools Act, reclassified as misdemeanors offenses that were previously felonies or “wobblers” and added section 1170.18, which permits allows defendants previously convicted of felony offenses that Proposition 47 reduced to misdemeanors to petition to have those felony convictions resentenced or redesignated as misdemeanors.The Supreme Court held that Proposition 47’s directive that the resentenced or redesigned offense “be considered a misdemeanor for all purposes” permits defendants to challenge felony-based Cal. Penal Code 667.5 and Cal. Penal Code 12022.1 enhancements when the underlying felonies have subsequently been resentenced or redesignated as misdemeanors.The Court further held that such challenges may be brought in a resentencing procedure under section 1170.18 or may be brought on a petition for writ of habeas corpus, under which instance relief is limited to judgments that were not final at the time the initiative took effect. Finally, those convicted under Cal. Penal Code 1320.5 cannot obtain similar relief. View "People v. Buycks" on Justia Law