P. v. Jones CA3
Defendant Dennis Jones appeals from the trial court’s order denying his Penal Code section 1170.18 petition for resentencing on a prior prison term enhancement. He contends that the enhancement became invalid once the prior felony underlying conviction that forms the prison prior was reduced to a misdemeanor pursuant to section 1170.18. We originally held the prison prior remained valid. Thereafter, the Supreme Court granted defendant’s petition for review and ultimately transferred the case with directions for this court to vacate our prior decision and to reconsider the cause in light of the recently decided People v. Buycks (2018) 5 Cal.5th 857 (Buycks). Applying Buycks, we conclude the prison prior is invalid.
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