People v. Carver CA3

Filed 11/6/15 P. v. Carver CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C078239

Plaintiff and Respondent, (Super. Ct. No. 62131666)

v.

ROBERT KENNETH CARVER,

Defendant and Appellant.

This appeal raises one issue: whether defendant Robert Kenneth Carver was entitled to have his felony conviction for unlawfully taking or driving a vehicle (Veh. Code, § 10851, subd. (a)) reduced to a misdemeanor pursuant to Proposition 47. We conclude the answer is “no” because defendant failed to present evidence from the record of conviction that the value of the personal property taken did not exceed $950. We affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND In July 2014, defendant went inside an unlocked 1995 Chevrolet pickup truck that belonged to someone else, realized he could start the truck and did, and then drove off in it. The next day, he ingested half of a hydrocodone pill that he found in the truck and drank some alcohol, and then he drove around Placer County in the truck. While driving the truck through an intersection, defendant collided head-on with another vehicle. Defendant fled on foot and was captured by police while hiding at a senior center, smelling of alcohol, and acting inebriated. Just before the crash, police had received calls about the truck swerving all over the roadway. In July 2014, defendant pled no contest to felony unlawfully driving or taking a vehicle, misdemeanor driving under the combined influence of alcohol and drugs, misdemeanor hit-and-run driving, and misdemeanor resisting, obstructing, or delaying a police officer. The court later allowed defendant to withdraw his plea to the last two offenses (hit-and-run driving and resisting a police officer) and dismissed those counts with a Harvey waiver.1 In September 2014, the court sentenced defendant to a split term of 18 months in prison and 18 months of supervised release for the unlawful taking or driving count and a concurrent term for the driving under the influence count. In December 2014, defendant filed a petition for resentencing under Proposition 47, claiming his offense of unlawfully driving or taking a vehicle was reclassified as a misdemeanor under the proposition. The court held a hearing on the petition. Defense counsel argued that the “Blue Book value [of the truck defendant took] . . . as of November 2014, was $754, depending on the condition of it, to a certain range of maybe