People v. Borders CA2/2

Filed 4/18/16 P. v. Borders CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B263522

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA046231) v.

KENNETH RAY BORDERS,

Defendant and Appellant.

THE COURT:*

Kenneth Ray Borders appeals from the postjudgment order denying his motion to reclassify his felony conviction for unlawful drug possession (Health & Saf. Code, §11350) as a misdemeanor pursuant to Penal Code section 1170.18,1 added by Proposition 47.2

* BOREN, P.J., CHAVEZ, J., HOFFSTADT, J.

1 All further section references are to the Penal Code unless otherwise indicated.

2 Proposition 47 was an initiative measure approved by the voters (Gen. Elec. Nov. 4, 2014) and took effect on November 5, 2014 (see Cal. Const., art. II, § 10 [initiative statute “takes effect the day after the election unless the measure provides otherwise”]). “The initiative: added Government Code chapter 33 of division 7 of title 1 (§ 7599 et seq., the Safe Neighborhoods and Schools Fund); added sections 459.5, 490.2

In an unpublished opinion, this court affirmed the judgment of conviction entered following a jury trial that resulted in appellant’s felony convictions for sale of marijuana (Health & Saf. Code, § 11360, subd. (a); count 1) and possession of marijuana for sale (Health & Saf. Code, § 11359; count 2) and a court finding that he had suffered a strike under the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).3 On March 12, 2015, the trial court denied appellant’s application for Proposition 47 relief, finding the felony conviction for which misdemeanor reclassification was sought did not qualify.4