P. v. Cisneros CA2/6
Anthony Manuel Cisneros appeals from an order denying his petition to recall his felony sentence and strike a one-year prior prison term enhancement imposed pursuant to Penal Code section 667.5, subdivision (b). The petition was filed pursuant to section 1170.18, which was added to the Penal Code by Proposition 47. The underlying offense for the prior prison term was a felony when appellant was sentenced. It was subsequently reduced to a misdemeanor pursuant to section 1170.18.
In an unpublished opinion filed on March 21, 2016, we affirmed. The California Supreme Court granted appellant’s petition for review. On September 19, 2018, the Supreme Court transferred the matter back to us with directions to “vacate [our] decision and . . . reconsider the cause in light of People v. Buycks (2018) 5 Cal.5th 857 [(Buycks)].” We vacate our prior decision and reverse.
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