P. v. Mize CA3
Defendant Dennis Wayne Mize appeals from the trial court’s order denying his Penal Code section 1170.18 petition for resentencing on his prior prison term enhancement. He contends the trial court should have stricken the prison prior because the felony underlying the enhancement had subsequently been reduced to a misdemeanor pursuant to section 1170.18. We find that reducing the underlying felony to a misdemeanor does not require elimination of a previously-imposed enhancement that was supported by the felony. We shall therefore affirm the trial court’s order.
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