P. v. Taylor CA2/7
Defendant Brent Allen Taylor appeals from an order denying his motion for resentencing in which he requested that the trial court strike two one-year sentence enhancements (Pen. Code, § 667.5, subd. (b)) in a 2006 conviction that were based on prior felony convictions for which he served separate prison terms. Taylor claims that the enhancements should be stricken because the felony offenses on which they rested were reduced to misdemeanors in 2015 pursuant to Proposition 47, the Safe Neighborhoods and Schools Act of 2014 (§ 1170.18). We disagree. The reduction of a felony offense to misdemeanor under Proposition 47 does not apply retroactively to invalidate sentence enhancements that became final before Proposition 47’s enactment. We treat Taylor’s appeal as an original petition for writ of habeas corpus and deny relief.
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