Finding that a felony wobbler reduced to a misdemeanor would count as a prior felony conviction for purposes of a sentencing enhancement under Cal.Penal Code § 667(d), but would not count as a prior felony conviction for purposes of a sentencing enhancement under Cal.Penal Code § 667
Rejecting an argument the electorate intended for an existing statute to limit the scope of a statute enacted by initiative when the statute enacted by initiative did not refer to the existing statute or mirror the existing statute's language
Finding no equal protection violation in the expressly prospective application of Proposition 36 providing for mandatory probation for some convicted of nonviolent drug possession offenses
In Nuckles, we said that "[t]he gist of the [ section 32 ] offense is that the accused ‘ "harbors, conceals or aids" the principal with the requisite knowledge and intent.
226 Cal.App.4th 635 (Cal. Ct. App. 2014) Cited 60 times
In Espinoza, supra, 226 Cal.App.4th 635, a Proposition 36 resentencing case, the Court of Appeal held that excess custody credits do not reduce the PRCS supervision period.