P. v. Durgin CA5
Appellant Jeffrey Durgin was convicted of drug offenses and received a prison sentence of 15 years. We hold: (1) seven one-year sentence enhancements under Penal Code section 667.5, subdivision (b), were imposed erroneously in light of Durgin’s successful petitions under the Safe Neighborhoods and Schools Act, known as Proposition 47; (2) a three-year enhancement under Health and Safety Code section 11370.2 was imposed erroneously in light of the legislation known as Senate Bill 180; and (3) penalty assessments were correctly levied upon fees imposed under Health and Safety Code sections 11372.5 and 11372.7, except that Durgin was undercharged by $5 due to an arithmetical error. We strike the erroneously-imposed enhancements, correct the arithmetical error, and remand for resentencing. Also, as it appears no abstract of judgment was ever filed in this case, we remind the trial court to file one on remand.
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