People v. Jackson CA2/3

Filed 5/12/16 P. v. Jackson CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B264923

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA106993) v.

JAMES MAURICE JACKSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Salvatore T. Sirna, Judge. Affirmed. Elizabeth K. Horowitz, 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, Mary Sanchez and Michael J. Wise, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Defendant James Maurice Jackson pled guilty to felony forgery and admitted he suffered a prior conviction for a serious or violent felony. Jackson was sentenced to four years in state prison. After California voters passed Proposition 47, the Safe Neighborhoods and Schools Act, Jackson petitioned the trial court for resentencing to reduce his felony conviction to a misdemeanor. The court denied the petition, finding the property at issue was worth more than $950. We affirm. PROCEDURAL BACKGROUND In August 2014, Jackson tried to cash a forged check at a bank and was arrested. He was charged with felony second-degree commercial burglary (Pen. Code, § 459;1 count 1), felony forgery (§ 470, subd. (d); count 2), and misdemeanor theft of identifying information (§ 530.5, subd. (c)(1); count 3). It was also alleged that, in 2012, Jackson suffered a prior conviction for first-degree burglary (§ 459), a serious or violent felony under sections 667.5, subdivisions (b)-(j), and 1170.12, subdivision (b). In October 2014, Jackson pled guilty to count 2, felony forgery, and admitted the prior strike conviction. He was sentenced to four years in state prison. On March 6, 2015, Jackson filed a petition to reduce his conviction for felony forgery to a misdemeanor. On his petition, Jackson checked the box indicating “[t]he amount in question is not more than $950.00.” On April 7, 2015, the court held a hearing on Jackson’s petition. In opposing the petition, the prosecutor stated, “[the previous prosecutor] left notes, and I’m looking at the file. The check that the defendant tried to cash was over $1,200.” The court responded, “All right. So that doesn’t qualify under Prop 47. The defendant’s petition is denied.” On January 25, 2016, after Jackson filed this appeal, we ordered the trial court to conduct a record settlement proceeding and prepare a report and augmented record