People v. Woodard CA2/5

Filed 12/15/15 P. v. Woodard CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B262145

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA105853) v.

JOSHUA JAMES WOODARD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jack Hunt, Judge. Affirmed. Tyrone A. Sandoval, 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, Mary Sanchez, Deputy Attorney General, and Chung L. Mar, Deputy Attorney General, for Plaintiff and Respondent. _____________________________

Defendant and appellant Joshua James Woodard appeals from a January 28, 2015 order denying his petition for relief under Proposition 47 (“The Safe Neighborhoods and Schools Act”; Pen. Code, § 1170.18)1 to recall and resentence as a misdemeanor a felony conviction for forgery (§ 476). We affirm the trial court’s order denying the petition because defendant did not satisfy his burden of proving the conviction was subject to relief under Proposition 47.

FACTUAL AND PROCEDURAL BACKGROUND

In May 2014, prior to a felony preliminary hearing, defendant entered a plea of no contest to forgery, in violation of Penal Code section 476 (count 1) and admitted to one prior conviction for robbery in violation of section 211, a serious or violent felony conviction under section 667, subdivisions (b) through (j), and section 1170.2, subdivisions (a) through (d). The court sentenced defendant to a total of 32 months in state prison. After Proposition 47 took effect in November 2014, defendant filed a motion seeking to have his conviction reduced from a felony to a misdemeanor under section 1170.18, subdivision (a).2 On January 28, 2015, the court denied defendant’s petition.