People v. Peters CA2/4

Filed 5/24/16 P. v. Peters CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B264118

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA070791) v.

ALBERT OLUJINMI PETERS, JR.

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael V. Jesic, Judge. Affirmed. Adrian K. Panton, 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, Assistant Attorney General, Mary Sanchez, Michael R. Johnsen and Viet Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Defendant Albert Olujinmi Peters, Jr. filed a petition for resentencing under Proposition 47, the Safe Neighborhood and Schools Act. The trial court denied the petition because defendant failed to present sufficient evidence to show that he qualified for resentencing. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In May 2012, the District Attorney of the County of Los Angeles filed an information charging defendant with grand theft auto, a felony (Pen. Code, § 487, subd. (d)(1),1 count 1), and carjacking, a felony (§ 215, subd. (a), count 2). The information alleged that on April 23, 2012, defendant took a Toyota Camry from the victim. The information also alleged that defendant had a prior carjacking conviction from 2002, and that he had served a prior prison term. In June 2013, defendant pleaded no contest to count 1, and count 2 was dismissed. He was sentenced to six years in prison. On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act, which went into effect the next day. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) “Proposition 47 makes certain drug- and theft-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants. These offenses had previously been designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors).” (Id. at p. 1091.) “Proposition 47 also created a new resentencing provision: section 1170.18. Under section 1170.18, a person ‘currently serving’ a felony sentence for an offense that is now a misdemeanor under Proposition 47, may petition for a recall of that sentence and request resentencing in accordance with the statutes that were added or amended by Proposition 47. (§ 1170.18, subd. (a).)” (Id. at p. 1092.)