In re Burrell CA2/4
Appellant Tyrran D. Burrell appeals from the superior court’s denial of his motion to modify his sentence to strike four enhancements under Penal Code section 667.5, subdivision (b), on the ground that the convictions underlying those enhancements were reclassified under Proposition 47 as misdemeanors and no longer support the enhancements. In our previous opinion, we affirmed the trial court’s ruling. However, after granting review, the California Supreme Court vacated that decision and remanded the case for reconsideration in light of People v. Buycks (2018) 5 Cal.5th 857 (Buycks). As we explain, in light of appellant’s clear right to relief by way of habeas corpus under Buycks, and in the interests of judicial economy, we exercise our discretion to treat this appeal as a petition for writ of habeas corpus and grant relief. We strike the four section 667.5, subdivision (b) enhancements based on the reclassified offenses. Further, because the trial court imposed the maximu
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