P. v. Banfil CA3
Defendant James Richard Banfill has a long criminal history, and has served multiple prison terms for some of those offenses, including prison terms in 2005, 2009, and 2010. Several months before defendant was convicted and sentenced for threatening a witness (Pen. Code, § 140, subd. (a)) and disobeying a domestic relations order (§ 273.6, subd.(a)) in this case, another trial court reduced defendant’s 2010 felony conviction to a misdemeanor under Proposition 47, the Safe Neighborhoods and Schools Act (Proposition 47 or the Act). (§ 1170.18.) While the court below did not impose a prior prison term enhancement under section 667.5, subdivision (b) for the 2010 felony that had been reduced to a misdemeanor, the court did impose two prior prison term enhancements for defendant’s 2005 and 2009 felony offenses when sentencing defendant to six years in state prison.
Comments on P. v. Banfil CA3