People v. McKnight CA2/7

Filed 10/28/15 P. v. McKnight CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, No. B262315

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA131723) v.

KENNETH DEWAYNE MCKNIGHT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Marcelita V. Haynes, Judge. Affirmed.

Trenton C. Packer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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FACTUAL AND PROCEDURAL BACKGROUND

After waiving his right to a preliminary hearing, Kenneth Dewayne McKnight pleaded no contest to second degree burglary of a vehicle (Pen. Code, § 459)1 and admitted having suffered three prior serious or violent felony convictions for robbery within the meaning of the three strikes law (§§ 667, subds. (b)-(j); 1170.12), as alleged in a felony complaint. The trial court sentenced McKnight to an aggregate state prison term of 32 months, consisting of the lower term of 16 months for burglary, doubled under the three strikes law.2 The court imposed various statutory fines, fees, and assessments and ordered McKnight to pay $1,669.41 in restitution to the victim. McKnight filed a petition seeking to reduce his felony conviction for burglary of a vehicle to a misdemeanor under Proposition 47, the Safe Neighborhood and Schools Act (§ 1170.18). The trial court denied the petition, finding McKnight was not eligible for resentencing under Proposition 47. McKnight appealed. We appointed counsel to represent McKnight on appeal. After examination of the record, counsel filed an opening brief raising no issues. On June 19, 2015 we advised McKnight he had 30 days to submit any contentions or issues he wanted us to consider. We have not received a response.