People v. Jackson CA6

Filed 1/23/25 P. v. Jackson CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H052419 (Monterey County Plaintiff and Respondent, Super. Ct. No. MCR8306A)

v.

STEPHEN R. JACKSON,

Defendant and Appellant.

THE COURT1 Stephen R. Jackson appeals from an order denying his application to have his felony conviction for violation of former Insurance Code section 1871.1, subdivision (a)(3), designated as a misdemeanor pursuant to Penal Code section 1170.18, subdivision (f).2 Proposition 47, the Safe Neighborhoods and Schools Act (Proposition 47), reclassified as misdemeanors certain offenses that previously were or could be charged as felonies, and added section 1170.18, subdivision (f), which allows a defendant who has completed a sentence for such a felony conviction to apply to have the conviction redesignated as a misdemeanor. The trial court determined Jackson was not eligible for relief under section 1170.18. Counsel filed a brief pursuant to People v. Delgadillo

1 Before Greenwood, P. J., Danner, J., and Bromberg, J. 2 All statutory references are to the Penal Code unless otherwise indicated.

(2022) 14 Cal.5th 216 (Delgadillo), and Jackson subsequently filed a supplemental brief on his own behalf. For the reasons set forth below, we affirm the order. I. FACTUAL AND PROCEDURAL BACKGROUND3 In 1992, Jackson was charged by information with conspiracy to commit insurance fraud (count 1; § 182, subd. (a)(1); former Ins. Code, § 1871.1, as amended by Stats. 1991, ch. 1008, § 2)4; causing or participating in a vehicular collision or any other vehicular accident for the purpose of presenting a false or fraudulent claim (count 2; Ins. Code, § 1871.1, subd. (a)(3)); presenting or causing to be presented a false or fraudulent insurance claim (count 3; Ins. Code, § 1871.1, subd. (a)(1)); presenting a false or fraudulent claim for loss or theft, destruction, damage, or conversion of the contents of a motor vehicle (count 4; Ins. Code, § 1871.1, subd. (a)(4)); and, preparing a false police report and authorization of medical records/employment records with intent to present it in support of a false or fraudulent claim (count 5; Ins. Code, § 1871.1, subd. (a)(5)). Jackson was convicted by plea of count 2, violation of Insurance Code section 1871.1, subdivision (a)(3), a felony, and placed on felony probation. The trial court dismissed the other four counts. In 2024, Jackson filed an application to have his felony conviction designated as a misdemeanor under section 1170.18, subdivision (f). He claimed that the offense was eligible under section 1170.18, subdivision (a), and confirmed that he had completed his sentence. Without holding a hearing, the trial court denied the application, stating, “This conviction is not eligible for the relief request[ed].” Jackson timely filed a notice of appeal.