People v. Clay CA2/7

Filed 10/14/15 P. v. Clay CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B262654

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA075790) v.

ROY DYCRUS CLAY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Elden S. Fox, Judge. Affirmed. Roy Dycrus Clay, in pro. per.; Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________

After waiving his right to a preliminary hearing, on March 9, 2011 Roy Dycrus Clay entered an open guilty plea to one count of second degree burglary (Pen. Code, § 459)1 and two counts of grand theft of personal property (§ 487, subd. (a)) and admitted having suffered two prior serious or violent felony convictions within the meaning of the three strikes law (§§ 667, subds. (b)-(i); 1170.12) and having served numerous prior prison terms for felonies within the meaning of section 667.5, subdivision (b). The court sentenced Clay as a second strike offender to an aggregate state prison term of nine years eight months for burglary and one count of grand theft of personal property to be served concurrently with a four-year sentence imposed in another case. The court stayed sentence on the second grand theft of personal property count pursuant to section 654 and dismissed the remaining prior strike conviction and all prior prison term enhancements. On December 2, 2014 Clay filed a petition seeking to reduce his felony convictions to misdemeanors under Proposition 47, the Safe Neighborhoods and Schools Act (§ 1170.18).2 The trial court denied the petition, finding Clay was not eligible for resentencing under Proposition 47 because “the offenses related to a burglary of a