In re Edwards CA2/3
Rhett E. Edwards was convicted of transportation of and possession for sale of a controlled substance, methamphetamine, and false personation. Edwards admitted serving prison terms for prior felony offenses within the meaning of Penal Code section 667.5, subdivision (b), and consequently his sentence was enhanced by seven one-year terms. After passage of Proposition 47, the Safe Neighborhoods and Schools Act, Edwards successfully petitioned to have four of those seven prior felonies designated as misdemeanors. He then moved in the trial court for resentencing in the instant matter, arguing that four of the section 667.5, subdivision (b) enhancements were invalid because the designation of the prior felonies as misdemeanors negated an element of the section 667.5 enhancements. The trial court denied his request, and we affirmed the trial court’s order.
Comments on In re Edwards CA2/3