People v. Prescott CA2/2

Filed 4/21/16 P. v. Prescott CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262754

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA091606) v.

ERROL STANLEY PRESCOTT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Victor L. Wright, Judge. Affirmed.

Anthony J. Patti, 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, Senior Assistant Attorney General, Noah P. Hill and Daniel C. Chang, Deputy Attorney Generals, for Plaintiff and Respondent.

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Errol Stanley Prescott (defendant) appeals the trial court’s order denying his petition to recall and resentence his second-degree vehicle burglary conviction 1 (Pen. Code, § 459) as a misdemeanor under Proposition 47 (§ 1170.18). We conclude there was no error, and affirm. FACTS AND PROCEDURAL BACKGROUND In January 2015, defendant entered a plea to (1) second-degree burglary of a vehicle, a felony (§ 459), and (2) possessing a smoking device, a misdemeanor (Health & Saf. Code, § 11364.1, subd. (a)). He also admitted having six prior prison terms (Pen. Code, § 667.5, subd. (b)). The trial court sentenced defendant to a total sentence of eight years in prison, two years for the burglary count plus six consecutive one-year 2 sentences for the prison priors. The court imposed this eight years as a split sentence, with two years to be served in prison and the remainder to be served on mandatory community supervision (Pen. Code, § 1170, subd. (h)(5)). The very next month, defendant moved to have his felony burglary conviction reduced to a misdemeanor pursuant to Proposition 47. The trial court denied the petition on the ground that second-degree burglary of a vehicle is not an offense reduced by Proposition 47. Defendant now appeals. DISCUSSION The voters enacted Proposition 47 in November 2014. (§ 1170.18.) The Proposition (1) redesignates as misdemeanors a handful of offenses previously defined as either felonies or “wobblers” (offenses that can be designated as felonies or misdemeanors), and (2) creates new misdemeanor offenses. (§ 1170.18, subd. (a); People v. Chen (2016) 245 Cal.App.4th 322, 326.) Those new and redesignated misdemeanor offenses are codified at sections 459.5, 473, 476a, 490.2, 496, and 666 and