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Filed 5/8/17 P. v. Machado CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent,
v.
OSCAR GERALD MACHADO,
Defendant and Appellant.
E067540
(Super.Ct.No. FCH01043)
OPINION
APPEAL from the Superior Court of San Bernardino County. Bridgid M.
McCann, Judge. Affirmed.
Robert F. Somers, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant Oscar Gerald Machado appeals from an order denying
his petition under Penal Code section 1170.181
to reduce from a felony to a misdemeanor

1 All further statutory references are to the Penal Code unless otherwise indicated.
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his conviction for possessing marijuana in prison. (§ 4573.) Because this conviction is
not eligible for reduction, we affirm the order.
FACTS AND PROCEDURE
On October 31, 1994, defendant pled guilty to violating section 4573.8 and
admitted that he had a prior serious or violent felony conviction under section 667,
subdivisions (b) through (i). The court sentenced him to 32 months in state prison.
On November 4, 2014, voters enacted Proposition 47, entitled “the Safe
Neighborhoods and Schools Act” (hereafter Proposition 47). It went into effect the next
day. (Cal. Const., art. II, § 10, subd. (a).) As of its effective date, Proposition 47
classifies as misdemeanors certain drug- and theft-related offenses that previously were
felonies or “wobblers,” unless they were committed by certain ineligible defendants.
(§ 1170.18, subd. (a).)
On August 30, 2016, defendant filed a petition for resentencing pursuant to
Proposition 47. The People responded that a section 4573.8 felony is not eligible for
reduction to a misdemeanor under section 1170.18. On December 19, 2016, the superior
court denied the petition after finding that a section 4573.8 conviction is not eligible for
reduction to a misdemeanor under section 1170.18.
This appeal followed.
DISCUSSION
Upon defendant’s request, this court appointed counsel to represent him on appeal.
Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436
and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a
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summary of the facts and potential arguable issues, and requesting this court to conduct
an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, and he
has not done so.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have
independently reviewed the entire record for potential error and find no arguable error
that would result in a disposition more favorable to defendant.
DISPOSITION
The court’s order is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
CODRINGTON
J.
SLOUGH
J.