P. v. Rusco CA5
A jury convicted appellant Rodney James Rusco of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)/count 1) and battery with serious bodily injury (§ 243, subd. (d)/count 2) and it found true a great bodily injury enhancement in count 1 (§ 12022.7, subd. (a)). In a separate proceeding, the court found true seven prior prison term enhancements (§ 667.5, subd. (b)).
On appeal, Rusco contends: (1) the court erred in imposing three prior prison term enhancements whose underlying felony convictions had been redesignated misdemeanors; and (2) the trial court may not impose prior prison term enhancements based on convictions that occurred prior to 2015 because those convictions were “washed out.”
We find merit to Rusco’s contentions, modify the judgment accordingly, and affirm as modified.
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