Does a defendant have a prior criminal conviction that qualifies as a "misdemeanor for all purposes" under section 1170.18, subdivision (k) of the California Criminal Code?
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):
13 We disapprove People v. Acosta (2016) 247 Cal.App.4th 1072, 202 Cal.Rptr.3d 614 to the extent that it held that the "misdemeanor for all purposes" language of section 1170.18, subdivision (k) alters only the status of felony convictions, not the fact that the defendant has served a qualifying prior felony prison term for purposes of a section 667.5, subdivision (b) enhancement.
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