People v. Hoare CA2/1

Filed 2/29/16 P. v. Hoare CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B264630

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA189148) v.

ROBERT HOARE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Craig Richman, Judge. Affirmed. Robert Hoare, in pro. per.; Caneel C. Fraser, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

Robert Hoare (Hoare) appeals from an order denying his “Motion for Recall of Sentence Under Prop. 47” (the Motion). We affirm. BACKGROUND On March 23, 2000, Hoare was convicted of three counts of second degree robbery (Pen. Code, § 2111) and attendant firearm allegations (§ 12022.53, subd. (a)(4)). On July 12, 2000, after hearing testimony from Hoare, various family members, and church-related friends, the trial court sentenced Hoare to 35 years and eight months in state prison (the 2000 conviction). The trial court explained its decision by noting that the robberies “showed a high degree of callousness”—one victim had “her young infant child with her” and another victim had her “two young children with her”—and that Hoare’s criminal behavior is of an “increasing degree of seriousness.” The length of Hoare’s sentence was due, in part, to the application of sections 1170.12, subdivision (c)(7) and 667, subdivision (b) for a prior serious felony conviction in 1993 for discharging a firearm in a “grossly negligent manner” (§ 246.3) (the 1993 conviction).2 For the 1993 conviction, Hoare was sentenced to a two-year term of probation and time served. On April 20, 2015, Hoare, acting in pro. per., filed the Motion, seeking to have the 1993 conviction reduced from a felony to a misdemeanor under Proposition 47’s resentencing procedure (§ 1170.18, subds. (a)-(b)). On May 1, 2015, the trial court denied Hoare’s motion, finding that the 2000 conviction was not eligible for relief under Proposition 47. On May 26, 2015, Hoare filed a timely notice of appeal. On August 25, 2015, we appointed counsel to represent him. On December 10, 2015, after examining the record, Hoare’s appointed counsel filed an opening brief raising no issues and asking this court to