P. v. Fowler CA6
A jury convicted defendant Vincent Tyrone Fowler of assaulting, criminally threatening, and twice raping Jane Doe, a 15-year-old close family friend. The trial court found true various prior conviction allegations, including that defendant had a prior serious felony conviction, and sentenced defendant to 61 years 8 months in prison. Defendant seeks reversal, arguing that the trial court committed prejudicial evidentiary error and erred in denying his mistrial and new trial motions, which were premised on a claim of incurably prejudicial prosecutorial misconduct. In a rehearing petition, which we granted, defendant alternatively seeks remand for resentencing in light of new legislation that took effect on January 1, 2019. That legislation, Senate Bill No. 1393 (2017-2018 Reg. Sess.), gives trial courts the discretion to strike prior serious felony convictions for purposes of the five-year enhancement for such prior convictions. We reverse and remand the matter for resentencing.
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