People v. Maynarich

Filed 6/15/16 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B263341

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA070995-01) v.

HEATH MAYNARICH,

Defendant and Appellant.

APPEAL from an Order of the Superior Court of Los Angeles County, Joseph A. Brandolino, Judge. Reversed and remanded. Richard L. Fitzer, 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 John Yang, Deputy Attorneys General, for Plaintiff and Respondent.

By plea of no contest to possessing three counterfeit $50 bills, defendant Heath Maynarich suffered a felony conviction for forgery, in violation of Penal Code section 1 475. Defendant petitioned to recall his sentence under Proposition 47, contending the amendments the proposition made to section 473 made him eligible for a reduction of his forgery conviction to a misdemeanor. The trial court denied defendant’s petition, concluding he was not eligible for a reduction because the counterfeit $50 bills he possessed are not “bank bills” or “notes” under section 473. As the Attorney General acknowledges, applicable precedent holds to the contrary. We therefore reverse and direct the trial court to resentence defendant unless it finds he would pose an unreasonable risk of danger to public safety.

I. BACKGROUND During a probation search in May 2012, probation officers found defendant in possession of counterfeit United States currency, specifically three $50 bills. Defendant was charged with one count of forgery in violation of section 475, subdivision (a). That statute provides: “Every person who possesses or receives, with the intent to pass or facilitate the passage or utterance of any forged, altered, or counterfeit items, or completed items contained in subdivision (d) of Section 470 with intent to defraud, knowing the same to be forged, altered, or counterfeit, is guilty of forgery.” Section 470, subdivision (d) lists a number of such “items,” including any “bank bill” or “note”; section 470 does not make any reference to “currency.” Defendant pled no contest to the section 475 charge and the trial court placed him on formal probation for three years. After California voters approved Proposition 47, defendant filed a petition pursuant to section 1170.18 to recall his sentence and reduce the conviction to a misdemeanor offense. Defendant argued his section 475 conviction was eligible for resentencing based on the changes Proposition 47 made to section 473. As