Filed 6/22/17 P. v. Collier CA5





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

BRANDON LEE COLLIER,

Defendant and Appellant.


F072633

(Super. Ct. No. F15900221)


OPINION

THE COURT*
APPEAL from an order of the Superior Court of Fresno County. James A. Kelley, Judge.
Caitlin Christian, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-

 
In two separate cases (Fresno County Superior Court case Nos. F15900221 and F15901929), Brandon Lee Collier entered into plea agreements that resulted in two separate convictions for violating Vehicle Code section 10851, subdivision (a). He appeals from the trial court’s denial of his petition to have the conviction in case No. F15900221 reduced to a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and Schools Act. We affirm the order denying his petition.
FACTUAL AND PROCEDURAL SUMMARY
The initial complaint filed against Collier charged him with unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)) and receiving a stolen motor vehicle (Pen. Code, § 496d, subd. (a)). Collier was released on a pretrial release program subject to numerous conditions after arraignment. Thereafter, Collier accepted a plea agreement offer and pled no contest to unlawful taking of a vehicle with count two being dismissed. Collier remained on the pretrial release program pending sentencing.
Approximately two weeks later, Collier was arrested for unlawful taking of a vehicle and was placed in custody. It appears Collier eventually reached a plea agreement in the new case that resulted in his pleading guilty (or no contest) to a second count of violating Vehicle Code section 10851, subdivision (a). Collier was sentenced to concurrent terms of two years for each case, with Collier to serve 12 months in jail and 12 months on mandatory supervised release.
Thereafter, Collier filed an application for reduction of both felony convictions to misdemeanors pursuant to the provisions of Proposition 47, the Safe Neighborhoods and Schools Act. The trial court denied the petition, concluding Collier was not eligible for resentencing.
DISCUSSION
Collier appeals from the order denying his petition. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, asserting that after a thorough review of the record she could not identify any arguable issues. After independently reviewing the record, we agree with appellate counsel that there are no issues suitable for review in this case.
By letter dated June 6, 2016, we invited Collier to inform this court of any issues he wished us to address. Collier did not respond to our invitation.
Proposition 47, the Safe Neighborhoods and Schools Act, was passed by the electorate in 2014. The proposition reclassified certain drug and theft related offenses from felonies to misdemeanors, unless the crime is committed by certain ineligible defendants. In addition, the proposition permitted those already convicted of the identified crimes to petition the trial court to have their convictions reduced from a felony to a misdemeanor. This provision of the proposition is codified in section 1170.18.
Section 1170.18, subdivision (f) permits those who had been convicted of a felony, but would have been convicted of a misdemeanor had Proposition 47 been in effect at the time of the conviction, to petition the trial court to have the felony designated a misdemeanor. The crimes which were reclassified as misdemeanors by Proposition 47 are: (1) possession of certain controlled substances as provided for in Health and Safety Code sections 11350, 11357, and 11377, (2) shoplifting as codified in section 459.5, (3) forgery in an amount less than $950 as codified in section 473, subdivision (b), (4) issuing bad checks in an amount less than $950 as codified in section 476a, subdivision (b), (5) petty theft with a prior where the amount taken is valued at less than $950 as codified in section 490.2, (6) receiving stolen property with a value of less than $950 as codified in section 496, subdivision (a), and (7) certain convictions for petty theft with a prior pursuant to the provisions of section 666. (§ 1170.18, subd. (a).)
Collier was not convicted of any of the crimes listed in section 1170.18, subdivision (a). Therefore, he is not eligible for relief pursuant to Proposition 47.
DISPOSITION
The order denying Collier’s petition is affirmed.