People v. Diaz
Annotate this CaseThe People appealed from the trial court's grant of defendant's writ of habeas corpus. The court agreed with the People's contention that the reclassification of defendant's 2009 felony conviction of petty theft with a prior as a misdemeanor, which occurred after his original sentence, does not preclude its use to support his Penal Code section 667.5, subdivision (b) enhancement. The court explained that the redesignation under Proposition 47 of a prior felony conviction to a misdemeanor operates prospectively, from the date of the redesignation forward, and not retroactively, as if the conviction always had been a misdemeanor. Therefore, the court reversed the order and reinstated defendant's prison sentence.
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