P. v. Louder CA2/2
Passed in the 2014 General Election, Proposition 47 reclassified as misdemeanors certain offenses that had previously been classified as felonies or “wobblers.” (People v. Buycks (2018) 5 Cal.5th 857, 870–871 (Buycks).) The initiative also added Penal Code section 1170.18, which permits persons previously convicted of felony offenses that had become misdemeanors under Proposition 47 to have those felony convictions resentenced or redesignated as misdemeanors. (Id. at p. 871.)
Following his conviction in 2009, respondent Kwame Louder was sentenced to 15 years in prison, consisting of 3 years for a second degree burglary conviction (§ 459; count 1), plus 12 years for 12 prison priors subject to the one-year enhancement under section 667.5, subdivision (b). After the passage of Proposition 47, Louder successfully petitioned to have four of his prior convictions reduced to misdemeanors.
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