What is the full resentencing rule in Proposition 47 cases?

California, United States of America


The following excerpt is from People v. Hollis, B292490 (Cal. App. 2019):

The court held that the "full resentencing rule" applies to Proposition 47 cases, allowing the trial court "to modify every aspect of the sentence, and not just the portion subjected to the recall," based on " 'any pertinent circumstances which have arisen since the prior sentence was imposed.' [Citation.]" (People v. Buycks, supra, 5 Cal.5th at p. 893.) "Therefore, at the time of resentencing of a Proposition 47 eligible felony conviction, the trial court must reevaluate the applicability of any enhancement within the same judgment at that time, so long as that enhancement was predicated on a felony conviction now reduced to a misdemeanor. Such an enhancement cannot be imposed because at that point the reduced conviction 'shall be considered a misdemeanor for all purposes.' ( 1170.18, subd. (k).) Under these limited circumstances, a defendant may also challenge any

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