People v. Sigler CA2/1

Filed 5/26/16 P. v. Sigler CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B266743

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA099610) v.

BRIAN VINCENT SIGLER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Wade Olson, Commissioner. Reversed and Remanded. ______

John L. Staley, 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 and Paul S. Thies, Deputy Attorneys General, for Plaintiff and Respondent. ______

Appellant, Brian Vincent Sigler appeals from the trial court’s denial of his application under Penal Code section 1170.18, subdivision (f), 1 to have his felony conviction of second degree commercial burglary reclassified as a misdemeanor under Proposition 47, the Safe Neighborhood and Schools Act. The parties agree, as do we, that the trial court erred in refusing to rule on his application based on the mistaken belief that another judge had already denied appellant’s request for reclassification of his conviction. Accordingly, we reverse and remand to the court to consider Sigler’s section 1170.18, subdivision (f) application. FACTUAL AND PROCEDURAL BACKGROUND In June 2012, appellant purchased two computer hard drives from a Target store at a total price of approximately $200. Appellant disassembled the hard drives, removed the internal parts, replaced them with used components and then returned the merchandise to the store for a full refund.2 Appellant was arrested, and in October 2012, he was charged with second-degree commercial burglary (§ 459).3 In January 2013, appellant pleaded no contest to the charge and admitted the special allegations. The court sentenced appellant to 32 months in state prison and awarded him 18 days of presentence custody credit. On December 16, 2014, while serving his sentence, appellant filed a petition in the superior court to recall his sentence and resentence him under section 1170.18, subdivision (a).4 The court denied appellant’s petition, finding that “[t]his is a 459. And