People v. Evans

Opinion

SLOUGH, J.

Defendant John William Evans appeals his 2015 sentence, arguing it improperly includes a one-year enhancement under Penal Code section 667.5, subdivision (b) (Section 667.5(b)) for an offense the trial court designated a misdemeanor shortly after imposing the enhancement. The People argue the sentence is lawful because the offense was a felony at the time the court imposed the enhancement and Proposition 47 does not apply retroactively to enhancements. While we agree Proposition 47 does not apply retroactively to enhancements, we conclude that, under the California Supreme…