Filed 5/29/18 P. v. Sims CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE


THE PEOPLE,
Plaintiff and Respondent,
v.
LYMAN SIMS,
Defendant and Appellant.

A152784

(San Mateo County
Super. Ct. No. SC057880A)


Lyman Sims appeals from a superior court decision denying his petition to reclassify two robbery convictions as misdemeanors under provisions of Proposition 47. (Pen. Code, § 1170.18.) His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. We conclude there are no issues requiring further review and affirm.
DISCUSSION
Sims was convicted by a jury in 2006 of attempted murder, assault with a deadly weapon on a peace officer, carrying a loaded firearm, possession of a firearm by a felon, five counts of second degree robbery, and nine counts of assault with a deadly weapon. His sentence was enhanced for his use of a firearm and trebled under the three strikes law. He is serving a sentence of 45 years to life for the attempted murder, with concurrent 32 years to life sentences for the robberies. His criminal history information indicates that Sims had two prior robbery convictions: one in 1989 for his violation of section 212.5 subdivision (b), and another in 1985 for his violation of section 211.
Sims petitioned the superior court to reduce the two prior robberies to misdemeanors pursuant to Proposition 47 on the basis that the crimes did not involve taking property worth more than $950. The superior court properly declined to reclassify Sims’ prior convictions. Section 1170.18 subdivision (f), added to the Penal Code upon the passage of Proposition 47 in 2016, provides that a person who has completed a sentence due to the conviction “of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense,” may file an application with the court to have the felony designated a misdemeanor. The problem for Sims is that robbery under section 211 and 212.5 have never been classified as misdemeanors, and thus are not eligible for reclassification under Proposition 47. The value of the property taken in the robberies is immaterial to this determination.
It is unclear from the record whether the superior court was considering Sims’s five convictions for robbery in 2006 or his earlier convictions in 1985 and 1989 when it denied his application for relief. No matter. None of those convictions are eligible for reclassification under Proposition 47. We affirm the superior court if it is correct for any reason. (People v. Zapien (1993) 4 Cal.4th 929, 976.)
DISPOSITION
The August 30, 2017 order denying the redesignation of felonies as misdemeanors is affirmed.
 
_________________________
Siggins, J.


We concur:


_________________________
McGuiness, Acting P.J. *


_________________________
Pollak, J.












People v. Sims, A152784