P. v. Alvarez CA6
Defendant Anthony Michael Alvarez appealed from an order denying his request to strike a prior prison term enhancement imposed under Penal Code section 667.5, subdivision (b). Defendant contended that the trial court was required to strike the enhancement, because the offense underlying the conviction had been redesignated a misdemeanor pursuant to section 1170.18 after the passage of Proposition 47. We affirmed the order. The California Supreme Court granted review, deferred briefing, and then transferred the case back to this court to vacate its decision and to reconsider the cause in light of People v. Buycks (2018) 5 Cal.5th 857 (Buycks). We vacate our original opinion and reverse the order.
Comments on P. v. Alvarez CA6