California, United States of America
The following excerpt is from People v. Banfill, C082594 (Cal. App. 2017):
While it is true that the prosecution could not show defendant committed a new felony in 2010 once his drug possession offense was reduced to a misdemeanor under Proposition 47 (People v. Kindall (2016) 6 Cal.App.5th 1199, 1203 [felony convictions that had been reduced to misdemeanors prior to adjudication of prior prison enhancements were "no longer previous felony convictions"], italics added), it did prove that defendant served time in prison from 2010 to 2012 for that offense. The prosecutor introduced a section 969b " 'prison packet' (i.e., records maintained by the institution where the defendant was incarcerated, or certified copies thereof)[,]" which constitutes "prima facie evidence that the defendant served a term of imprisonment." (People v. Tenner, supra, 6 Cal.4th at p. 563; see 969b.) If that term of imprisonment constitutes "prison custody" within the meaning of section 667.5, subdivision (b), then the "washout" rule would not apply to nullify the 2005 and 2009 felony convictions for which defendant had served separate prison sentences. We turn to that question now.
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