Opinion
S238888
05-16-2018
GUIOMAR (JOHN MANUEL) ON H.C.
H043114 Sixth Appellate District
Supplemental briefing ordered
The submission of this case is vacated. The court requests that the parties in the matter of People v. Buycks (S231765) serve and file supplemental letter briefs addressing the following questions:
Should Penal Code section 1170.18, subdivision (k) require striking defendant Buycks' two-year enhancement under Penal Code section 12022.1, despite the fact that his judgment was final (In re Estrada (1965) 63 Cal.2d 740), because the trial court sentenced defendant anew after he had successfully petitioned for the reduction of his Penal Code section 666, subdivision (a) conviction to a misdemeanor? Does Penal Code section 1170.18, subdivision (n) or Dix v. Superior Court (1991) 53 Cal.3d 442 support the Court of Appeal's conclusion that in resentencing defendant Buycks, the trial court was required to reevaluate the applicability of the enhancement at that time?
All initial briefs by the parties addressing the above questions must be served and filed simultaneously on or before June 1, 2018. Any reply by the parties to the supplemental briefs must be served and filed on or before June 15, 2018.
No extension of time will be granted. The case will be deemed submitted upon timely filing of the last brief.