In re Diaz CA2/4
We reconsider this case on remand from the California Supreme Court. In our first decision in this case, People v. Diaz (2015) 238 Cal.App.4th 1323 (Diaz I), we declined in the first instance to strike defendant Robert Diaz’s Penal Code section 667.5, subdivision (b) enhancement based on a 2009 felony conviction that had been reduced to a misdemeanor under Proposition 47. In our second decision, In re Diaz (2017) 8 Cal.App.5th 812 (Diaz II), we reversed the trial court’s grant of habeas corpus relief striking that enhancement. The California Supreme court granted review in Diaz II, and later vacated our decision and directed us to reconsider it in light of People v. Buycks (2018) 5 Cal.5th 857 (Buycks). Now, under Buycks, we affirm the trial court’s order striking the section 667.5, subdivision (b) enhancement based on the 2009 reclassified conviction.
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