People v. McKinney CA2/5

Filed 5/19/16 P. v. McKinney CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B269397

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA021728) v.

ALONZO MCKINNEY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Alan Honeycutt, Judge. Affirmed. Law Offices of Elizabeth K. Horowitz, Elizabeth K. Horowitz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant and appellant Alonzo McKinney (defendant) appealed from an order denying his petition for resentencing under Penal Code section 1170.18.1 On appeal, defendant’s appointed counsel filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende) requesting that this court conduct an independent review of the record to determine if there are any arguable appellate issues. On April 8, 2016, we gave notice to defendant that his counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief any arguments he wished this court to consider. Defendant filed a supplemental brief in which he contends that his alleged felony conviction under section 487.2 should be reduced to a misdemeanor or the matter remanded to the trial court for resentencing. We have reviewed the record and affirm the order.

BACKGROUND2