Does the new statutory requirement of three prior criminal convictions apply retroactively to a defendant's case?

Defendant contends that the new statutory requirement of three prior offenses should apply retroactively to his case, since the judgment is not yet final, so that he cannot be convicted of a felony based on evidence of only two prior theft-related offenses. He asserts that his section 666 plea, conviction and sentence should be vacated and that he can be punished for no more than a misdemeanor. The Attorney General concedes that the amended statute applies (see People v. Vinson (2011) 193 Cal.App.4th 1190) but argues that the appropriate remedy is to remand the matter to the trial court so that the prosecutor may submit evidence of other prior theft-related convictions.

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