California Court of Appeal

Reset A A Font size: Print

People v. Diaz, B255951

Sentence for conviction of possession of a firearm by a felon, Pen. Code section 29800(a)(1), with one prior strike conviction, sections 667(b)-(i) ans 1170.12(a)-(d), and two prior prison terms, section 667.5(b), is affirmed where defendant's claims that Proposition 47 compels the striking of his section 667.5(b) enhancement is premature, and he must first file an application in the court of conviction under section 1170.18(f) to have his 2009 conviction designated as a misdemeanor.

Appellate Information

  • Decided 07/28/2015
  • Published 07/28/2015

Judges

  • WILLHITE

Court

  • California Court of Appeal

Counsel