California, United States of America
The following excerpt is from People v. Valenzuela, 247 Cal.Rptr.3d 651, 441 P.3d 896, 7 Cal.5th 415 (Cal. 2019):
People v. Buycks (2018) 5 Cal.5th 857, 871, 236 Cal.Rptr.3d 84, 422 P.3d 531. In Buycks , we held that reduction of a felony conviction to a misdemeanor under Proposition 47 invalidated sentence enhancements based on the prior felony conviction because under Penal Code section 1170.18, subdivision (k), the reduced conviction "shall be considered a misdemeanor for all purposes." There, the validity of each of the enhancements at issue depended on the existence of a felony conviction, not simply the commission of felonious conduct. (See Buycks , at pp. 888890, 236 Cal.Rptr.3d 84, 422 P.3d 531 [enhancement under Pen. Code, 667.5, subd. (b) ], 890891 [enhancement under Pen. Code, 12022.1 ].) In contrast, the gang participation offense defined in Penal Code section 186.22, subdivision (a), does not refereven implicitlyto a predicate prior felony conviction. It instead applies to a gang participant who has assisted other gang members in felonious conduct. The majority opinion does not explain how the reduction of defendants grand theft conviction to a misdemeanor could possibly have altered the nature of the conduct underlying the gang participation offense.
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