Vasquez

In this case, we conclude Apolonio Jose Vasquez is entitled to reversal of his enhancement findings based on his being armed with and using a “firearm” (Pen. Code, §§ 12022, subd. (a), 12022.5, subd. (a)) as defined under section 12001.1. Although the crimes underlying his second degree robbery convictions (§ 211) occurred in 1990, section 12001.1, operative at that time, has been repealed, changing the legal definition of “firearm” to Vasquez’s benefit. Because the term “firearm” no longer includes “any instrument which expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, C02 pressure, or spring action, or any spot marker gun,” Vasquez, who admittedly used or was armed with a gas-pressured pellet gun, but whose case has not yet reached final disposition, must be granted the benefit of the change in definition, requiring the reversal of his true firearm findings. (See Tapia v. Superior Court (1991) 53 Cal.3d 282, 300-301 [ 279 Cal.Rptr. 592 , 807 P.2d 434 ]; People v. Rossi (1976) 18 Cal.3d 295, 299-304 [ 134 Cal.Rptr. 64 , 555 P.2d 1313 ].)

Accordingly, we affirm his unchallenged robbery convictions and true findings of his prior…