P. v. McCurdy CA1/1
Defendant James McCurdy pleaded no contest to one count of heroin transportation and admitted to three sentence enhancements under Penal Code section 667.5, subdivision (b) (section 667.5(b)) based on his having served prior prison terms for felony convictions. After the passage of Proposition 47 (The Safe Neighborhoods and Schools Act), he successfully applied for resentencing on one of those prior convictions, a 2009 conviction for a drug offense, and the offense was reduced to a misdemeanor. He then petitioned to strike the section 667.5(b) sentence enhancement imposed in this case based on the 2009 conviction, and the trial court denied the petition.
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