P. v. Vogelsang CA3
Defendant Christopher Anthony Vogelsang, having obtained the reduction of a prior felony conviction to a misdemeanor under Penal Code section 1170.18 (Proposition 47, as approved by voters Gen. Elec., Nov. 4, 2014, eff. Nov. 5, 2014 (Proposition 47)), appeals from the trial court’s order refusing to strike a sentencing enhancement for the prior prison term served for that felony. The issue whether Proposition 47 requires the striking of such a sentencing enhancement is currently pending before our Supreme Court. (People v. Valenzuela (2016) 244 Cal.App.4th 692, review granted Mar. 7, 2016, S232900.) While awaiting the high court’s guidance, we conclude the trial court’s order was correct.
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