P. v. Crutcher CA4/1
Defendant Gerald Wayne Crutcher appeals from a judgment entered after a jury convicted him of three counts of identity theft, three counts of theft of access card information, and one count of burglary. The trial court enhanced defendant's prison sentence by seven years because defendant previously served prison terms for various felony offenses. (Pen. Code § 667.5, subd. (b)). On appeal, defendant argues that Proposition 47 (the Safe Neighborhoods and Schools Act) reclassified certain of these prior felony offenses as misdemeanors. Accordingly, defendant claims that the trial court erred by declining to strike the prior prison term sentencing enhancements based on those reclassified offenses. Defendant further contends that the trial court's ruling violates his equal protection rights under the federal and California Constitutions.
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