People v. Sweeney

Opinion

RAMIREZ, P. J.

Petitioner Leo Sweeney (defendant) was convicted of 10 felonies, all arising out of a take-over bank robbery, and sentenced to a total of 82 years to life in prison. He filed a petition to redesignate two of those felonies as misdemeanors pursuant to Proposition 47. (This would not change the total term.) The trial court denied the petition; it ruled that defendant was not eligible for relief under Proposition 47, because the two felonies at issue were accompanied by gang enhancements.

Defendant appeals. We will hold that the gang enhancements did not disqualify defendant…