California, United States of America
The following excerpt is from People v. Warren, 234 Cal.Rptr.3d 733, 24 Cal.App.5th 899 (Cal. App. 2018):
As a separate matter, I am concerned that the extension of Proposition 47 to implicate the washout rule, under facts similar to this case, could prevent imposition of prior prison term enhancements that are based on still-valid felony convictions that have not been reclassified. The "expressly stated central objectives" of Proposition 47 were "to redesignate specified minor felony offenses as misdemeanors and to permit those persons previously convicted of these same low-level felonies to seek resentencing as misdemeanors. Proposition 47 further assured voters that persons convicted of murder, rape, and child molestation would not benefit from Proposition 47 and specifically declared that the 'act ensures that sentences for people convicted of dangerous crimes ... are not changed.' [Citation.]" ( People v. Valencia, supra , 3 Cal.5th at p. 363, 220 Cal.Rptr.3d 230, 397 P.3d 936, italics added in original.)
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