People v. Shorter CA2/2

Filed 3/8/16 P. v. Shorter CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B263972

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA054743) v.

ANTHONY SHORTER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Steven R. Van Sicklen, 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, Mary Sanchez and Paul S. Thies, Deputy Attorneys General, for Plaintiff and Respondent.

_______________________

In an information filed by the Los Angeles County District Attorney’s Office, defendant and appellant Anthony Shorter was charged with three counts of first degree burglary (counts 1, 2, & 6; Pen. Code, § 459),1 three counts of receiving stolen property (counts 3, 4, & 7; § 496, subd. (a)), and one count of theft (count 5; § 484e). It was further alleged as to all counts that appellant had served one prior prison term (§ 667.5, subd. (b)) and had suffered three prior “strike” convictions (§§ 667, subds. (b)-(j), 1170.12). And, it was alleged as to counts 1 through 6 that appellant suffered three prior serious felony convictions (§ 667, subd. (a)(1)). On September 25, 2003, a jury convicted appellant on all counts, and the three prior serious felony allegations and “strike” allegations were found true. Appellant’s total prison sentence was 90 years to life. On February 27, 2015, appellant filed a petition for recall and resentencing pursuant to section 1170.18, subdivisions (a) and (f). The trial court granted his petition as to counts 3, 4, and 7. It denied the petition as to count 5. Appellant’s total prison sentence remained 90 years to life. Appellant timely filed a notice of appeal. He argues that his theft conviction under section 484e, subdivision (d) [theft of access cards or account information], must be reduced to a misdemeanor pursuant to Proposition 47.2 We affirm.