In re Hernandez CA4/1
Justin Hernandez filed a petition for writ of habeas corpus challenging a one-year sentence enhancement for service of a prior prison term for a conviction of a felony that was reclassified as a misdemeanor while his appeal of the judgment imposing the enhancement was pending. We initially denied the petition, but the Supreme Court of California granted review and transferred the matter back to us for reconsideration after it decided People v. Buycks (2018) 5 Cal.5th 857 (Buycks). We vacated our denial order and ordered the People to show cause why Hernandez should not be granted relief. The People have conceded the challenged enhancement must be stricken under Buycks. We agree and order the enhancement stricken.
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