P. v. Stubbs CA2/1
Joseph Stubbs was convicted of receiving stolen property. His sentence included nine one-year prior conviction enhancements pursuant to Penal Code section 667.5, subdivision (b). He appealed and, during the pendency of his appeal, he successfully petitioned under Proposition 47 (the Safe Neighborhoods and Schools Act) to have three of the prior convictions reduced to misdemeanors (§ 1170.18). He then petitioned for recall of sentence and resentencing, arguing that the three enhancements had to be stricken because the underlying convictions had been reduced to misdemeanors. The trial court denied his petition and we rejected his argument and affirmed the judgment. (People v. Stubbs (July 7, 2016, B255946) [nonpub. opn.] (Stubbs I).) The Supreme Court granted review and later transferred the matter to us with directions to vacate our opinion and to reconsider the cause in light of People v. Buycks (2018) 5 Cal.5th 857 (Buycks). The People now concede that Buycks requires us to s
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