P. v. Miller CA4/1
This is an appeal following the 2018 revocation of probation and the execution of a previously suspended seven-year prison term, which was imposed in 2017. The appeal does not challenge the revocation of probation, but instead, contends the we should remand the case for resentencing to permit the trial court to consider striking the serious felony prior conviction (Pen. Code, § 667, subd. (a)(l)) in light of Senate Bill No. 1393, which was effective January 1, 2019.
As we will discuss post, Senate Bill No. 1393 is retroactive to cases not final on appeal. In the present case, judgment was entered in 2017 when a prison sentence was imposed, but the execution stayed. The judgment was not appealed. Thus, the judgment imposing the prison term sentence was final well before the effective date of Senate Bill No. 1393. We will deny the request to vacate the sentence and remand the case for resentencing. Given there is no challenge to the probation revocation, we will affirm.
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