People v. Avila CA4/2

Filed 12/9/15 P. v. Avila CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E063508

v. (Super.Ct.No. FVI026060)

JOBANY AVILA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Miriam I. Morton,

Judge. Affirmed.

Marilee Marshall, under appointment by the Court of Appeal, for Defendant and

Appellant.

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

General, Julie L. Garland, Assistant Attorney General, Alastair Agcaoili and Christine

Levingston Bergman, Deputy Attorneys General, for Plaintiff and Respondent.

1

INTRODUCTION

Defendant Jobany Avila appeals from the denial of his petition requesting

redesignation of his conviction as a misdemeanor under Penal Code section 1170.18.1

He contends (1) his conviction of receiving a stolen vehicle (§ 496d) qualified for