P. v. Geray
Defendant sought a one-year reduction in his sentence on the ground that the Sacramento County Superior Court had redesignated his felony conviction for possession of a controlled substance (Health & Saf. Code, § 11377 subd. (a)) as a misdemeanor under section 1170.18, and therefore the conviction could not be used to enhance his sentence under section 667.5, subdivision (b) as a prison prior. The trial court denied defendant’s petition after determining that the resentencing provisions of Proposition 47 did not apply retroactively to an enhancement previously imposed under section 667.5, subdivision (b). For the reasons stated below, we agree and therefore we will affirm the trial court’s order.
Defendant also has filed a petition for writ of habeas corpus, which this court ordered considered with the appeal. We have disposed of the petition by separate order filed this day. (See Cal. Rules of Court, rule 8.387(b)(2)(B).)
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