P. v. Hicks CA5
Appellant Verndell Raymone Hicks appeals his 2015 sentence, arguing it improperly includes a one-year enhancement for a prior prison term under Penal Code section 667.5, subdivision (b) (section 667.5(b)). That enhancement was based on a 2013 felony drug possession conviction, which was designated a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and Schools Act (Act), one year after he was sentenced in 2015, while this appeal was pending. Under In re Estrada (1965) 63 Cal.2d 740, 748 (Estrada), we conclude that Proposition 47 applies to section 667.5(b) enhancements in judgments that are not yet final. Because Hicks’s judgment is not yet final, we strike the enhancement.
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