P. v. Sims CA2/7
Michael Oshea Sims was convicted of robbery in 2013 and sentenced to state prison with several enhancements, including three one-year enhancements under Penal Code section 667.5, subdivision (b), for having served separate prison terms for felonies. Sims now purports to appeal from the trial court’s order denying his motion for modification of his sentence after two of the felony convictions that were the bases for the section 667.5, subdivision (b), enhancements were redesignated as misdemeanors under Proposition 47, the Safe Neighborhoods and Schools Act of 2014. We treat Sims’s appeal as a petition for writ of habeas corpus and deny relief: Sims was not eligible for resentencing to dismiss a prior prison term enhancement once his conviction for the underlying offense had become final.
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