P. v. Hernandez CA2/3
In 2015, defendant Juan Manuel Hernandez appealed from a judgment imposed after a jury convicted him of possession for sale of methamphetamine and marijuana, arguing that the trial court erred by imposing a one-year enhancement for a prison prior that was subsequently reduced to a misdemeanor under Proposition 47. In 2016, we concluded that Proposition 47 did not apply retroactively to properly-imposed enhancements and affirmed. The Supreme Court granted review and has now transferred the case back to us for reconsideration in light of People v. Buycks (2018) 5 Cal.5th 857 (Buycks). Having reconsidered the matter, we now hold that the prison prior must be stricken and defendant must be resentenced.
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