People v. Diaz

Opinion

WILLHITE, J.

—The People of the State of California appeal from the order granting the petition for writ of habeas corpus filed by Robert Mark Diaz. We reverse the order, and reinstate Diaz’s prison sentence of six years.

BACKGROUND

This is the third time this case has come before us. As we explained on the first occasion—Diaz’s direct appeal from his judgment of conviction—a Los Angeles Superior Court jury convicted Diaz of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)).1 He admitted one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and…