P. v. Robinson CA2/7
In 2012 Jason Robinson pleaded no contest to possession of ammunition in violation of Penal Code section 30305, subdivision (a)(1). His sentence included a one-year enhancement based on a 2008 felony conviction for second degree burglary for which Robinson served a prison term (§ 667.5, subd. (b)).
In 2014 the voters enacted Proposition 47, the Safe Neighborhoods and School Act of 2014 (§ 1170.18), which, among other things, reduced some felony property crimes to misdemeanors. The next year Robinson requested and obtained relief under Proposition 47 to designate his 2008 felony conviction for second degree burglary as a misdemeanor. Robinson then filed a “motion for resentencing” in this case asking the trial court to strike the one-year sentence enhancement based on the prior prison term Robinson had served for second degree burglary because that conviction no longer qualified as a felony, a prerequisite for imposing the sentence enhancement under section 667.5, subdivisio
Comments on P. v. Robinson CA2/7