California Supreme Court

People v. Buycks

July 30, 2018

Summary

The court held that Proposition 47's requirement that a reduced felony be treated as a misdemeanor for all purposes permits relief from felony-based enhancements when the underlying felony has been reduced. That relief applies prospectively and, under the ameliorative retroactivity rule, to nonfinal judgments; it may also be obtained through a Proposition 47 resentencing or habeas corpus proceeding in the circumstances described by the court. The court affirmed relief for Buycks, reversed and remanded Valenzuela's case, and affirmed Guiomar's felony failure-to-appear conviction because that offense depended on a felony charge rather than a felony conviction.