People v. DiazAnnotate this Case
Defendant, convicted of possession of a firearm by a felon, was sentenced to a term of six years in prison, including one year for each of his two prior prison terms. He admitted one prior strike conviction under Pen. Code section 667, subds. (b) – (i), 1170.12, subds. (a) – (d), and two prior prison terms under section 667.5, subd. (b). The prior felony conviction underlying one of the section 667.5, subdivision (b) enhancements was a 2009 conviction for petty theft with a prior. While defendant's present appeal from the judgment was pending, California voters approved Proposition 47, “The Safe Neighborhoods and Schools Act.” Proposition 47 reduced certain nonserious, nonviolent felonies, including petty theft with a prior, to misdemeanors, and provided a procedure under section 1170.18, subdivision (f), et. seq., for persons who have completed a felony sentence for such an offense to apply for reclassification of the conviction as a misdemeanor.The court concluded that defendant's contention that Proposition 47 compels the striking of his section 667.5, subdivision (b) enhancement is premature. Defendant must first file an application in the court of conviction under section 1170.18, subdivision (f) to have his 2009 conviction designated as a misdemeanor.