People v. Acosta

California Court of Appeal Nov 20, 2015 No. B261828Published

Before: Kriegler, Mosk, Baker

AI Brief

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Holding. The court held that attempted burglary of a motor vehicle is not an offense eligible for reduction to a misdemeanor under Proposition 47, and that the exclusion of this offense from the initiative's relief does not violate equal protection.

Issues

Whether attempted burglary of a motor vehicle is an offense eligible for reduction to a misdemeanor under Proposition 47.
Whether the exclusion of attempted burglary of a motor vehicle from Proposition 47 relief violates the Equal Protection Clause.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We have no difficulty concluding that the electorate could rationally extend misdemeanor punishment to some nonviolent offenses but not to others”

“the electorate could rationally conclude that car burglary should be treated more harshly because entry must be made into a locked vehicle, an element not required of vehicle theft.”

Filed 11/20/15 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B261828

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA073701) v.

JOSE MIGUEL ROBLES ACOSTA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ann I. Jones, Judge. Affirmed. Lisa M. Sciandra, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Susan Sullivan Pithey, Supervising Deputy Attorney General, Mary Sanchez, Deputy Attorney General, for Plaintiff and Respondent. _____________________

The electorate passed the Safe Neighborhoods and Schools Act (Proposition 47) in November 2014, reducing the punishment for various controlled substance offenses and some property-related offenses to misdemeanors.1 Defendant Jose Miguel Robles Acosta petitioned the superior court for reduction of his 2012 felony conviction of attempted second degree burglary of a vehicle (Pen. Code, §§ 664/459)2 to a misdemeanor. We affirm the superior court‟s denial of Acosta‟s petition on the basis that attempted car burglary is not among the offenses reduced to misdemeanors by Proposition 47, and the new statutory scheme does not violate equal protection of the law under the Eighth Amendment to the Unites States Constitution.

Initial Charges and Allegations of the Petition

Acosta was charged in a felony complaint filed on June 4, 2012, with burglary of a vehicle (§ 459) and grand theft of personal property (§ 487, subd. (a)). It was also alleged Acosta had served a prior prison term. (§ 667.5, subd. (b).) Both charged offenses were alternate felony/misdemeanors under existing law. (§§ 460, 461, 1170, subd. (h) [second degree burglary of a motor vehicle]; §§ 489, subd. (b), 1170, subd. (h) [grand theft of personal property].) The case was set for hearing in an early disposition court, but there is no evidence in the record as to when or how the case was resolved, such as by plea, court trial, or jury trial.

People v. Acosta

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B261828

JOSE MIGUEL ROBLES ACOSTA,

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DISCUSSION

DISPOSITION

KRIEGLER, J.

BAKER, J.

AI Brief