People v. Parks CA3

Filed 5/6/16 P. v. Parks CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C078737

Plaintiff and Respondent, (Super. Ct. No. SF121420A)

v.

GRANT PARKS,

Defendant and Appellant.

Defendant Grant Parks appeals from the trial court’s denial of his Penal Code section 1170.181 (Proposition 47) petition for resentencing on his conviction for felony failure to appear. (§ 1320, subd. (b).) He contends that the conviction should have been reduced to a misdemeanor because the offense underlying the failure to appear charge had been reduced to a misdemeanor pursuant to section 1170.18. However, section

1 Undesignated statutory references are to the Penal Code.

1

1170.18 does not apply to a felony failure to appear. The section was not intended to, and does not, provide for collateral retroactive effect as to offenses not specifically covered by it. We shall affirm the judgment. BACKGROUND In March 2012, defendant was arrested after leaving a Food 4 Less store without paying for various items that were worth a total of $23.14. He pleaded guilty to petty theft with a prior (§ 666) and admitted a prior prison term (§ 667.5, subd. (b)) in case No. SF119845A. Defendant did not appear for sentencing in August 2012, and he subsequently pleaded guilty to felony failure to appear and admitted a strike allegation (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) in case No. SF121420A. He was sentenced to five years eight months in state prison. Defendant appealed the convictions, but later abandoned his appeal. Defendant subsequently filed a section 1170.18 petition as to the petty theft with a prior and failure to appear convictions. The trial court denied the petition as to the failure to appear offense and, on the People’s motion, modified the petty theft with a prior offense to shoplifting (§ 459.5), and sentenced him to 10 days in jail with 10 days of credit on the shoplifting count. DISCUSSION Defendant contends that the reduction to a misdemeanor of the offense underlying his felony to appear conviction mandates reducing that conviction to a misdemeanor as well.2 We disagree. The passage of Proposition 47 (the Act) created section 1170.18, which provides for any defendant “currently serving a sentence for a conviction . . . of a felony or