People v. Fowler CA3

Filed 10/21/15 P. v. Fowler CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C078363

Plaintiff and Appellant, (Super. Ct. No. CM041808)

v.

TIMOTHY JOSEPH FOWLER, JR.,

Defendant and Respondent.

The People appeal the trial court’s order reducing defendant Timothy Joseph Fowler, Jr.’s felony failure to appear to a misdemeanor under the Safe Neighborhoods and Schools Act (Proposition 47). They contend this reduction was an improper expansion of Proposition 47. We agree and shall reverse.

PROCEDURAL BACKGROUND

The Butte County District Attorney charged defendant with felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and misdemeanor child

1

abuse (Pen. Code, § 273a, subd. (b)).1 Defendant was released on his own recognizance. On July 23, 2014, defendant failed to appear on those charges. On August 20, 2014, the district attorney filed a felony complaint alleging defendant had failed to appear on a felony charge of possession of a controlled substance. (Pen. Code, § 1320, subd. (b).)2

Following the passage of Proposition 47 in November 2014, the trial court reduced both the controlled substance conviction and the failure to appear charge to misdemeanors. Defendant then pleaded guilty to all three misdemeanor counts, including misdemeanor failure to appear. The trial court granted defendant four years of formal probation. The People filed a timely appeal. (§ 1238, subd. (a)(1), (5) & (6).) Defendant did not file a respondent’s brief.

DISCUSSION