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PEOPLE v. CORTEZ

No. G052158.

3 Cal.App.5th 308 (2016)

THE PEOPLE, Plaintiff and Respondent, v. RICHARD REYES CORTEZ, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

September 14, 2016.

Attorney(s) appearing for the Case

Suzanne G. Wrubel , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Scott C. Taylor and Daniel Hilton , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

When a court recalls a felony sentence and imposes a misdemeanor sentence pursuant to Penal Code section 1170.18, subdivision (a) (Proposition 47), may the court revisit the sentence imposed on other misdemeanor counts, not subject to Proposition 47, and impose a harsher punishment?1

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