People v. Strickland CA3

Filed 3/9/16 P. v. Strickland CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE,

Plaintiff and Respondent, C078578

v. (Super. Ct. No. CRF14609)

EMILE LONNELL STRICKLAND,

Defendant and Appellant.

Defendant Emile Lonnell Strickland pleaded no contest to felony failure to appear. After denying defendant’s motion to reduce his failure to appear conviction to a misdemeanor pursuant to Proposition 47 (Pen. Code, § 1170.18),1 the trial court sentenced him to a two-year split term of 180 days in county jail with the remainder under mandatory supervision. Defendant now contends (1) his conviction for failure to appear should have been reduced to a misdemeanor pursuant to Proposition 47, and (2) the failure to impose a misdemeanor sentence violates his right to equal protection. Finding no merit in defendant’s contentions, we will affirm the judgment.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND A Yuba County Sheriff’s deputy responded on August 7, 2014, to a report that a man was assaulting a woman. The deputy contacted defendant, determined that defendant was subject to a probation search condition, and conducted a probation search on defendant. The deputy found defendant in possession of one gram of methamphetamine. The People charged defendant with felony possession of methamphetamine. (Health & Saf. Code, § 13777, subd. (a).) The trial court released defendant on his own recognizance but he failed to appear as ordered. Defendant subsequently pleaded no contest to felony failure to appear. (§ 1320, subd. (b).) The possession of methamphetamine charge was dismissed as part of the plea. Proposition 47 was enacted by the voters and became effective after defendant’s plea but prior to his sentencing, and defendant filed a motion to reduce his failure to appear conviction to a misdemeanor. The trial court denied the motion and sentenced defendant to a two-year split term of 180 days in county jail with the remainder under mandatory supervision. DISCUSSION I Defendant contends his conviction for failure to appear should have been reduced to a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and Schools Act (the Act). The Act requires “misdemeanors instead of felonies for nonserious, nonviolent crimes . . . unless the defendant has prior convictions for specified violent or serious crimes.” (Voter Information Guide, Gen. Elec. (Nov. 4, 2014) text of Prop. 47, p. 70.) Among the affected crimes is possession of a controlled substance, which is now a misdemeanor with certain exceptions not relevant here. Section 1320 (failure to appear) is not among the offenses explicitly included in the text of the Act or the analysis of the