P. v. Schmitt CA4/1
Defendant Michael Schmitt was convicted of possession of a controlled substance in 2003. In 2015, Schmitt was convicted of another felony and sentenced to prison. Schmitt's sentence included a one-year enhancement term (Pen. Code, § 667.5, subd. (b)), based on Schmitt's 2003 felony conviction.
In 2017, Schmitt successfully petitioned to have his 2003 felony conviction reduced to a misdemeanor pursuant to Proposition 47, which the electorate approved in 2014.
Schmitt contends that he is entitled to additional relief, based on the reduction of his 2003 felony to a misdemeanor. According to Schmitt, the court should "delete" his one-year prior prison term enhancement in the current case because the 2003 conviction supporting the enhancement is no longer a felony conviction.
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