People v. Sariaslan CA2/8

Filed 4/20/16 P. v. Sariaslan CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B264930

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A087453) v.

RAMIN SARIASLAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. David R. Fields, Judge. Reversed and remanded.

Janet Uson, 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.

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Defendant Ramin Sariaslan appeals from the May 8, 2015 order denying his application for relief under Proposition 47 (The Safe Neighborhoods and Schools Act; Pen. Code, § 1170.18)1 to have his 1983 felony conviction for forgery (§ 470) designated a misdemeanor. Defendant was convicted of two counts of forgery in 1983; one for a check in the amount of $680, and another for a check in the amount of $1,500. Defendant’s Proposition 47 application did not specify for which count he was seeking reclassification. The trial court denied the application, finding that “the amount of the forgery is greater than $950.00 and is not eligible for Proposition 47 relief.” We reverse, finding that defendant’s conviction relating to the $680 check was eligible for reclassification as a misdemeanor under Proposition 47. However, we reject defendant’s claim that he was entitled to reclassification of both counts.