Do Gang Enhancements (P.C. § 186.22(b)) Bar Prop 47 Relief?

There are many issues involving Proposition 47 relief that the legislature did not address in writing the statute we know as Prop 47.  Receiving stolen property, Penal Code § 496, is one of the few theft offenses eligible for resentencing under Prop 47.  This crime can be committed to benefit or promote a criminal street gang, as it was for Leo Sweeny, who was convicted of this with the enhancement.  He later petitioned for resentencing under Prop 47 and the issue was whether such a serious enhancement barred reclassifying the conviction as a misdemeanor.  To read the answer, click on the following link.

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