C.A. 6th;
H043114
The Sixth Appellate District denied a petition for writ of habeas corpus in part and remanded for resentencing. The court held that when a defendant’s aggregate sentence includes multiple felonies, some of which are reduced to misdemeanors under Proposition 47, a resentencing trial court may impose increased terms for the remaining felonies, so long as the new aggregate sentence does not exceed the original aggregate sentence. The court held further that when a defendant is convicted of failure to appear on a felony charge, but the underlying felo-ny is later reduced to a misdemeanor under Prop 47, the trial court need not vacate the failure to appear conviction.
