People v. Wynn CA4/3

Filed 6/6/16 P. v. Wynn CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G051363

v. (Super. Ct. No. 14WF2539)

JESSE MICHAEL WYNN, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Affirmed. Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Jennifer B. Troung, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Jesse Michael Wynn appeals the trial court’s denial of his 1 petition pursuant to Penal Code section 1170.18. He argues that conspiracy to commit petty theft qualifies him for resentencing under the statute. This court, however, has already decided that conspiracy offenses do not qualify for resentencing under section 1170.18. (People v. Segura (2015) 239 Cal.App.4th 1282 (Segura).) We therefore affirm the order.

I FACTS Pursuant to a plea bargain, in July 2014 defendant pleaded guilty to one count of receiving stolen property (§ 496, subd. (a)), one count of conspiracy to commit petty theft (§§ 182, subd. (a)(1), 488), one count of resisting and obstructing an officer (§ 148, subd. (a)(1)) and two counts of contributing to the delinquency of a minor (§ 272, subd. (a)(1)). The court suspended imposition of sentence, and ordered defendant to serve 120 days in county jail. Defendant was also placed on three years of formal probation. In November 2014, the voters approved Proposition 47, which reclassified certain offenses from felonies to misdemeanors and created a postconviction resentencing procedure for those convicted of felony offenses that have been reclassified. (§ 1170.18; People v. Rivera (2015) 233 Cal.App.4th 1085, 1091-1093.) Defendant thereafter filed a petition to reduce his conviction for receiving stolen property and conspiracy to commit petty theft to misdemeanors. The court granted the petition as to the conviction for receiving stolen property, but denied it on the conspiracy count. Defendant now appeals.