People v. Bastida CA2/2

Filed 3/2/16 P. v. Bastida CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B261505

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA085675) v.

CONNIE BASTIDA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Michael Villalobos, Judge. Affirmed.

Law Offices of James Koester and James Koester, 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, Assistant Attorney General, Mary Sanchez and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Connie Bastida (defendant) appeals from an order denying her petition for resentencing under the provisions of Proposition 47, which reduce some felony theft offenses to misdemeanors where the value of the stolen property is less than $950. We conclude that defendant failed to meet her burden of showing that she qualified for relief. We affirm the denial of her petition. BACKGROUND In May 2012, upon entering into a plea agreement prior to the preliminary hearing, defendant was convicted on a plea of no contest to the following three felonies alleged in the criminal complaint: count 1, multiple identifying information theft in violation of Penal Code section 530.5, subdivision (c)(3);1 count 2, forgery in violation of section 475, subdivision (a); and count 3, receiving stolen property in violation of section 496, subdivision (a). Pursuant to the agreement, the trial court dismissed three other counts, and placed defendant on formal probation for a period of five years, including a requirement that she participate in a drug rehabilitation program. In July 2013, after defendant’s probation had been revoked and reinstated several times, defendant admitted her violation of probation. The trial court sentenced her to the low term of 16 months as to each of the three counts, with 261 days of combined custody credit. In December 2014, defendant filed an application pursuant to Proposition 47, for recall of her sentence and reduction of her convictions to misdemeanors. (See § 1170.18.) A hearing on the petition was held on January 9, 2015. Defendant was not present, but represented by counsel. The court found that counts 1 (identity theft) and 2 (forgery) were ineligible for Proposition 47 relief.2 When the trial court indicated that count 3, receiving stolen property, might be eligible if the property had a value under $950, the prosecutor said: “I flipped through the defendant was found with multiple checks. One of the checks was worth over $1,100. So I don’t think she’s --” The court