P. v. Kelm CA4/1
Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Allison V. Acosta and Michael Pulos, Deputy Attorneys General, for Plaintiff and Respondent.
Herbert Kelm pleaded guilty to possession of methamphetamine for sale under a plea agreement in 2014. (Health & Saf. Code, § 11378.) Kelm also admitted he had suffered a prison prior under Penal Code section 667.5, subdivision (b), and section 668 based on a 2011 felony conviction. Under the stipulated plea agreement, the trial court sentenced Kelm to three years in custody, and an additional four years under mandatory supervision.
After California voters approved Proposition 47, the Safe Neighborhoods and Schools Act of 2014, Kelm successfully petitioned to have the 2011 felony conviction designated as a misdemeanor. He then filed a postjudgment motion in this case to strike the prison prior enhancement, which the trial court denied.
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