How have courts dealt with section 667.5, subdivision (b) enhancement after the underlying felony conviction was reduced to a misdemeanor?

California, United States of America


The following excerpt is from People v. Buxton, A146956 (Cal. App. 2018):

Appellant challenges the sentence enhancement on two grounds. First, he contends the trial court erred in finding that he knowingly and intelligently waived his right to a trial on the four alleged prior convictions. (People v. Cross (2015) 61 Cal.4th 164; In re Yurko (1974) 10 Cal.3d 857.) Second, he maintains the trial court erred in imposing the section 667.5, subdivision (b), enhancement after the underlying felony conviction was reduced to a misdemeanor. We agree with his second contention and therefore have no need to address the first.

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