Diaz

A Los Angeles Superior Court jury convicted defendant Robert M. Diaz of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)). He admitted one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and two prior prison terms (§ 667.5, subd. (b)). The superior court sentenced him to a term of six years in prison, including one year for each of his two prior prison terms under section 667.5, subdivision (b). The prior felony conviction underlying one of the section 667.5, subdivision (b) enhancements was a 2009 conviction in San Bernardino County under former section 666, commonly called 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.” As here relevant, 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.

Defendant contends that his 2009 felony…