California, United States of America
The following excerpt is from People v. Dixon, B268722 (Cal. App. 2016):
As we have previously stated, while Proposition 47 created a procedure -- set forth in section 1170.18 -- for offenders to obtain reclassification and resentencing on convictions on a retroactive basis, it does not provide a similar procedure to strike or dismiss sentence enhancements retroactively. Additionally, while a re-designated misdemeanor is a "misdemeanor for all purposes" ( 1170.18, subd. (k)), because Proposition 47 does not otherwise address the retroactive application of that subsection, we conclude that the misdemeanor treatment occurs prospectively, not retroactively. (See People v. Brown (2012) 54 Cal.4th 314, 324 ["'"a statute that is ambiguous with respect to retroactive application is construed . . . to be unambiguously prospective"'"]; see also 3 ["No part of it [Penal Code] is retroactive, unless expressly so declared."].)
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Finally, section 1170.18 makes no reference to section 667.5, subdivision (b), and thus it cannot be interpreted to affect enhancements under that statute. The qualifying criterion for an enhancement under section 667.5, subdivision (b) is having served a prior prison term for a felony conviction. That criterion is not changed by a later reduction of the felony to a misdemeanor, as the purpose of the section 667.5, subdivision (b) enhancement is to punish individuals for recidivism. (See People v. Gokey (1998) 62 Cal.App.4th 932, 936 ["Sentence enhancements for prior prison terms are based on the defendant's status as a recidivist, and not on the underlying criminal conduct, or the act or omission, giving rise to the current conviction."].)
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