P. v. Dazo CA3
In our prior opinion in this case we decided that if a defendant admits prior prison term allegations (Pen. Code, § 667.5, subd. (b)) before the passage of Proposition 47 and is sentenced after its passage, those allegations—based on convictions now deemed misdemeanors pursuant to Proposition 47—were still 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). (See People v. Dazo (Jan. 26, 2016, C078836) [nonpub. opn.], review granted Apr. 13, 2016, S232486, and ordered vacated and transferred Sept. 19, 2018.) Applying Buycks, we conclude such prison priors are invalid.
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