People v. Harris CA4/2

Filed 8/24/15 P. v. Harris 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E063167

v. (Super.Ct.Nos. FSB1300881, FSB1305086) DWIGHT LEE HARRIS, SR., OPINION Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Brian S.

McCarville, Judge. Affirmed.

Susan S. Bauguess, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant Dwight Lee Harris, Sr. is serving four years after pleading guilty to

vehicle theft, admitting a strike prior and having his probation revoked. He appeals from

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the trial court’s denial of his petition for resentencing under Penal Code section 1170.18,1

also known as Proposition 47. We affirm.

PROCEDURAL HISTORY

On May 8, 2013, in case number FSB1300881, defendant pled no contest to

unlawfully taking or driving a motor vehicle (Veh. Code, §10851, subd. (a)) and admitted

to having served two prior prison terms (§ 667.5). On May 13, 2013, as agreed, the trial