People v. Garness CA2/8

Filed 3/3/16 P. v. Garness CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B262288

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA098206) v.

SCOTT T. GARNESS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Wade Olson, Judge. Affirmed.

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, and Mary Sanchez, Deputy Attorney General, for Plaintiff and Respondent.

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Appellant Scott T. Garness was convicted, by no contest plea, of one count of unlawful driving or taking a vehicle (Veh. Code, § 10851), one count of receiving stolen property (Pen. Code, § 496), and one prior strike conviction (§ 667, subd. (b)-(i)). After the enactment of Proposition 47 (Prop 47), some felony theft offenses may be resentenced as misdemeanors if certain circumstances are met, including that the value of the property does not exceed $950. Garness moved for resentencing under Prop 47. The trial court denied the motion for two reasons: (1) Prop 47 does not apply to convictions of Vehicle Code section 10851; and (2) the value of the stolen property exceeded $950. Garness appeals. We conclude that Garness did not establish that the value of the property was less than $950, and therefore affirm without reaching the issue of the applicability of Prop 47 to convictions of Vehicle Code section 10851.