People v. Gallegos CA2/4

Filed 4/25/16 P. v. Gallegos CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B264707

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA082091) v.

MICHAEL A. GALLEGOS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard A. Stone, Judge. Affirmed. Laini Millar Melnick, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Michael A. Gallegos appeals from the denial of his petition to recall his sentence under Proposition 47 (Pen. Code, § 1170.18),1 which reduced certain theft-related and drug-related felonies to misdemeanors.2 Appellant’s counsel on appeal filed a Wende brief (People v. Wende (1979) 25 Cal.3d 436 (Wende)) requesting that we conduct an independent review of the record. We have done so and conclude that no arguable issues exist. Accordingly, we affirm.

BACKGROUND3 Appellant was sentenced to a term of five years for second degree commercial burglary (§ 459), to be served concurrently with a term imposed for possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)). In December 2014, appellant filed a petition under section 1170.18 to reduce his burglary and controlled substance convictions to misdemeanors. Appellant also filed a petition for writ of habeas corpus seeking reduction of his convictions to misdemeanors and resentencing under Proposition 47. On January 2, 2015, the trial court granted appellant’s petition under section 1170.18 to reduce the controlled substance sentence to one year, time served. On March 23, 2015, the court denied appellant’s petition to reduce the burglary