P. v. Hicks CA5
Appellant Verndell Raymone Hicks appealed his 2015 sentence, arguing it improperly included a one-year enhancement for a prior prison term under Penal Code section 667.5, subdivision (b) (section 667.5(b)). That enhancement was based on a 2013 felony drug possession conviction, which was designated a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and Schools Act (Act), one year after he was sentenced in 2015, while the appeal was pending. In our unpublished opinion filed August 24, 2017, we held that Proposition 47 applied to section 667.5(b) enhancements in judgments that were not yet final. We remanded the matter for the trial court to strike the sentence enhancement unless it determined Hicks posed an unreasonable risk of danger to public safety. (§ 1170.18, subds. (b) & (c); Harris v. Superior Court (2016) 1 Cal.5th 984, 992.)
Hicks petitioned for review to the California Supreme Court, which was granted. On September 26, 2018, the Supreme Court transferr
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