People v. Garcia CA2/3

Filed 6/5/15 P. v. Garcia CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B258128

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA124976) v.

EDGAR WILFREDO GARCIA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Marcelita V. Haynes, Judge. Affirmed.

Janet Gusdorff, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

Defendant and appellant Edgar Wilfredo Garcia appeals from an order denying his motion to reduce the matter to an infraction (Pen. Code, § 17, subd. (d)).1 We affirm the order. FACTUAL AND PROCEDURAL BACKGROUND A felony complaint, filed May 23, 2012, alleged against Garcia count 1, forgery (§ 470, subd. (d)), and counts 2-8, forgery (§ 475, subd. (a)). Garcia pleaded no contest, on October 11, 2012, to counts 1 and 2. The trial court suspended imposition of sentence for a 36-month period and placed Garcia on formal probation for 36 months, on the condition he serve 270 days in jail. The court suspended imposition of sentence on count 2 and placed Garcia on formal probation for 36 months on the same conditions. Count 2 was ordered to run concurrent to count 1. The remaining counts were dismissed. Garcia received 46 days of custody credits (23 days actual custody plus 23 days good time/work time). About a year later, on October 2, 2013, Garcia, after waiving his right to a probation violation hearing, admitted violating probation. The trial court revoked and reinstated probation. Garcia waived 180 days of back-time credit and was ordered to serve 180 days in jail. Garcia was given 40 days of credit (20 days actual custody plus 20 days of good time/work time). On April 3, 2014, Garcia admitted a second probation violation, and the trial court again revoked and reinstated probation. He waived 270 days of back-time credit and was sentenced to 180 days in jail. On June 26, 2014, Garcia moved to reduce “his[] misdemeanor conviction for driving without Driver License in violation of Vehicular Code § (A) to an infraction.”2 (§ 17, subd. (d).) The trial court, on July 17, 2014, denied the motion on the ground the matter did not qualify as an infraction. The court also denied Garcia’s motions to seal his