People v. Thibodeaux CA2/2

Filed 12/30/15 P. v. Thibodeaux CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B262075

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA132689) v.

JACK THIBODEAUX,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Lori Ann Fournier, Judge. Affirmed.

Janet Uson, 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.

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Defendant Jack Thibodeaux (defendant) filed an application to have his felony 1 conviction for receiving stolen property, motor vehicle (Pen. Code, § 496d, subd. (a)) redesignated as a misdemeanor under Proposition 47 (§ 1170.18, subd. (a)). The trial court denied the application, and defendant appeals. We conclude there was no error, and affirm. FACTS AND PROCEDURAL BACKGROUND On November 1, 2013, defendant was in possession of a 2000 Kawasaki motorcycle belonging to someone else. When questioned by law enforcement, he admitted that it “may be stolen.” The People charged him with a single count of felony receiving stolen property, motor vehicle (§ 496d, subd. (a).) On July 15, 2014, defendant entered a plea of no contest to that count. That same day, the trial court sentenced defendant to a 16-month prison sentence; that sentence was to run consecutively to a 32- month sentence imposed in a separate case for possessing methamphetamine with intent to sell (Health & Saf. Code, § 11378). On December 5, 2014, defendant applied to the trial court to have his felony receiving stolen property, motor vehicle conviction redesignated as a misdemeanor pursuant to Proposition 47. The trial court denied the petition on the ground that the “amount of the loss” was $10,000. Defendant timely appeals. DISCUSSION Proposition 47, the Safe Neighborhoods and Schools Act, reduced several felony offenses to misdemeanors—namely, those set forth in Health and Safety Code sections 11350, 11357 or 11377 and Penal Code sections 459.5, 473, 476a, 490.2, 496, and 666. (§ 1170.18, subd. (a).) As pertinent here, Proposition 47 also authorizes persons who have been convicted of those offenses and who are “currently serving a sentence for [such] a conviction” to “petition for a recall of [that] sentence” and for resentencing under the new misdemeanor provisions. (Ibid.) Proposition 47 amended section 496—