People v. Seals CA2/4

Filed 3/22/16 P. v. Seals CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B262001

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA092928) v.

JOHN SEALS, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, James D. Otto, Judge. Affirmed. Brad Kaiserman, 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 Russell A. Lehman, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

Defendant John Seals, Jr. was sentenced pursuant to his nolo contendere plea to one count of forgery (Pen. Code, § 475, subd. (c)).1 He subsequently filed a petition to recall his sentence and for resentencing pursuant to Proposition 47 (§ 1170.18). The trial court denied the petition, concluding that defendant was ineligible for relief under Proposition 47 because the amount of the forgery exceeded $950. Defendant contends it was the prosecutor’s burden to establish, based only on the record of conviction, his ineligibility for resentencing. We disagree and affirm. FACTUAL AND PROCEDURAL SUMMARY2 A felony complaint filed on July 26, 2012 charged defendant with two counts of forgery by possession of a completed check (§ 475, subd. (c), counts one and two), one count of forgery by possession of a blank or unfinished check (§ 475, subd. (b), count three), and one count of receiving stolen property (§ 496, subd. (a), count four). It was further alleged that defendant had suffered prior convictions of serious or violent felonies (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and prior convictions for which he served prison terms within the meaning of section 667.5, subdivision (b). On August 16, 2012, defendant pleaded nolo contendere to count one. The remaining counts were dismissed. The court sentenced defendant to six years in state prison. On December 2, 2014, defendant filed a petition for recall of his sentence and resentencing pursuant to section 1170.18, subdivision (a). Defendant argued his conduct fell within section 473, subdivision (b), which provides that “any person who is guilty of forgery relating to a check, . . . where the value of the check . . . does not exceed nine hundred fifty dollars ($950)” shall be punished as a misdemeanor.