People v. Acosta

Defendant appealed the judgment entered following resentencing on the sole remaining felony conviction in the instant case. After the other felony convictions comprising the aggregate sentence had been reduced to misdemeanors pursuant to Proposition 47, the trial court resentenced him on the remaining felony conviction to prison for eight years: the middle term of two years plus six years for the six previously dismissed prior prison term enhancements. The court reaffirmed the principle that prior prison term enhancements do not attach to a particular count or case. Here, the court concluded that the trial court had the authority to reimpose the prior prison term enhancements. The court also concluded that service of a prior prison term does not vanish when the underlying felony conviction is reduced to a misdemeanor. Accordingly, the court affirmed the judgment. View "People v. Acosta" on Justia Law