People v. Harvey CA4/1

Filed 10/22/15 P. v. Harvey CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067922

Plaintiff and Respondent,

v. (Super. Ct. No. SCD256543)

JAMES O. HARVEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed as modified.

Christian C. Buckley, under appointment by the Court of Appeal, for Defendant

and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal, Andrew S.

Mestman and Minh U. Le, Deputy Attorneys General, for Plaintiff and Respondent.

On June 26, 2014, James O. Harvey entered a guilty plea to one count of

possession of a controlled substance without a prescription (Health & Saf. Code, § 11350,

subd. (a)), then a felony. Harvey was sentenced to eight months in prison, to be served

locally.

In December 2014, Harvey filed a petition under Proposition 47 (Pen. Code,1

§ 1170.18; the Safe Neighborhoods and Schools Act of 2014) for resentencing. The trial