Can a defendant bring a motion to have a section 667.5 enhancement for possession of crystal methamphetamine reduced to a possession of the drug under Proposition 47?
California, United States of America
The following excerpt is from People v. Buycks, 236 Cal.Rptr.3d 84, 422 P.3d 531, 5 Cal.5th 857 (Cal. 2018):
Although her judgment was not final when Proposition 47 took effect, in People v. Valenzuela (S232900), defendant is also in a similar procedural posture in being able to claim, in conjunction with a Proposition 47 resentencing petition for her conviction for possession of methamphetamine, that her section 667.5 enhancement should be dismissed.
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