P. v. Silva CA3
Defendant Bryan Keith Silva appeals the trial court’s enhancement of his sentence pursuant to Penal Code section 667.5 for prior California and Texas convictions, respectively. Defendant contends the enhancements were unauthorized because (1) the prior Texas conviction did not qualify as a felony prison prior under section 667.5, subdivision (f), and (2) the prior California conviction had already been reduced to a misdemeanor for all purposes pursuant to Proposition 47 (as approved by voters Gen. Elec., Nov. 4, 2014, eff. Nov. 5, 2014), the Safe Neighborhoods and Schools Act (the Act), and did not qualify as a felony conviction under section 667.5, subdivision (b). Defendant requests that the true finding on the Texas prior conviction be stricken, and the true finding on the California prior be reversed.
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