Does a reduction in punishment for a criminal offence that was a felony (possession of marijuana) apply to a section 667.5(b) enhancement?

Appellant cites People v. Flores (1979) 92 Cal.App.3d 461, in which the defendant was convicted of a felony (possession of marijuana), and the legislature later reduced that crime to a misdemeanor. After the statutory amendment took effect, the prior marijuana conviction was used in a subsequent case to support a section 667.5(b) enhancement. (Id. at p. 470.) The appellate court reversed the enhancement, concluding that the amendment reducing the punishment for the prior offense barred its use in a subsequent case. (Ibid., citing In re Estrada (1965) 63 Cal.2d 740.) This case is distinguishable from Flores. Here, the prior conviction (receiving stolen property) was a felony when it

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was used to impose a section 667.5(b) enhancement in 2002, and remained a felony until July 2015.

Because appellant has not identified a valid basis to strike the enhancement, we need not discuss his equal protection claim. (See People v. Floyd (2003) 31 Cal.4th 179, 188-191 [statute lessening punishment for offense does not raise equal protection concerns].)

The order is affirmed.