People v. Harrison CA3

Filed 10/22/15 P. v. Harrison CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C078367

Plaintiff and Appellant, (Super. Ct. No. CM041761)

v.

MARSHALL TYLER HARRISON,

Defendant and Respondent.

The People appeal the trial court’s order reducing defendant Marshall Tyler Harrison’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 possessing a controlled substance in violation of Health and Safety Code section 11377,

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subdivision (a). He was released on his own recognizance. On July 16, 2014, defendant failed to appear on the drug possession charge. The district attorney filed a separate complaint alleging defendant had failed to appear on a felony charge of possession of a controlled substance. (Pen. Code, § 1320, subd. (b).)1 On October 15, 2014, defendant pleaded no contest to felony failure to appear. In a separate case, he also pleaded to felony possession of hydrocodone. The remaining counts and allegations were dismissed.2

On November 4, 2014, by operation of an initiative, defendant’s felony drug possession offense was reduced to a misdemeanor. (Health & Saf. Code, § 11377 [see Voter Information Guide, Gen. Elec. (Nov 4, 2014), text of Prop. 47, § 13, p. 73].) Based on this enactment, at the November 25, 2014 sentencing hearing, the trial court concluded it should also reduce the felony conviction of section 1320, subdivision (b) for failure to appear on felony charges to a misdemeanor conviction of section 1320, subdivision (a) for failure to appear on misdemeanor charges. The trial court granted defendant three years of formal probation. The People filed a timely appeal. (§ 1238, subd. (a)(1), (5) & (6).) Defendant did not file a respondent’s brief.