People v. Auld CA2/7

Filed 1/25/16 P. v. Auld CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B262749

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA018979) v.

RONALD WILBURT AULD,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Steven R. Van Sicklen, Judge. Affirmed. Ken K. Behzadi, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ______________________

Representing himself, Ronald Wilburt Auld petitioned on January 7, 2015 to recall his current felony sentence for violating Health and Safety Code section 11350, subdivision (a), and for resentencing as a misdemeanor under Proposition 47, the Safe Neighborhoods and Schools Act (Pen. Code, § 1170.18).1 On January 21, 2015 the trial court denied the petition, finding that Auld, a registered sex offender, was not eligible for resentencing under Proposition 47. Auld filed a timely notice of appeal. We appointed counsel to represent Auld on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On September 15, 2015 we attempted to advise Auld by mail, sent to Donovan Correctional Facility, that he had 30 days within which to submit any contentions or issues he wished us to consider. On November 20, 2015 the notice was returned by Donovan Correctional Facility and marked “RTS” “Paroled.”2 Proposition 47 requires a misdemeanor sentence instead of a felony sentence for certain drug possession offenses and for petty theft, receiving stolen property and forging/writing bad checks when the amount involved is $950 or less and requires resentencing for defendants currently serving felony sentences for the specified crimes unless the trial court finds an unreasonable public safety risk. (See People v. Shabazz (2015) 237 Cal.App.4th 303, 308 & fn. 2.) Section 1170.18, subdivision (i), however, provides, “The provisions of this section shall not apply to persons who have one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.”