People v. Traylor CA2/7

Filed 10/28/15 P. v. Traylor CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B261598

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA421942) v.

GLENN EDWARD TRAYLOR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, David M. Horwitz, Judge. Affirmed. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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PROCEDURAL AND FACTUAL BACKGROUND

After waiving his right to a preliminary hearing, Glenn Edward Traylor pleaded guilty on March 4, 2014 to two counts of second degree burglary (Pen. Code, § 459) and admitted having previously served 19 separate prison terms for felonies (Pen. Code, § 667.5, subd. (b)) as charged in a felony complaint. The court sentenced Traylor to the upper term of three years on each count to be served concurrently and dismissed a prior strike allegation and the prior prison term enhancements in the interests of justice. On December 11, 2014, Traylor filed a petition seeking to reduce his felony convictions for second degree burglary to misdemeanors under Proposition 47, the Safe Neighborhood and Schools Act (Pen. Code, § 1170.18). The trial court denied the petition, finding Traylor was not eligible for resentencing under Proposition 47. Traylor filed a timely notice of appeal.