People v. Klein CA2/1

Filed 6/15/16 P. v. Klein CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B263084

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. KA004577 & v. KA013528)

STEVEN M. KLEIN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles, Jack P. Hunt, Judge. Affirmed. Kenneth J. Sargoy, 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 Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent. _______________________

Steven M. Klein appeals from an order denying his petition to reduce his prior felony convictions to misdemeanors pursuant to Penal Code section 1170.18.1 We affirm.

BACKGROUND In 1990, Klein was convicted of one count of second degree burglary of a motor vehicle (§ 459) and one count of receipt of stolen property (§ 496, subd. (1)). The record of conviction contains no value of the property involved. A probation report states that appellant “had taken property valued at about $4,687.” On January 20, 2015, Klein filed a petition requesting reduction of his prior felony convictions to misdemeanors.2 On February 9, 2015, the trial court denied the petition on the ground that for both counts “the amount of loss exceeds $950.00.” Klein filed a timely notice of appeal.

DISCUSSION On appeal, Klein contends that the trial court erred when it considered evidence outside the record of conviction, namely the probation report, and because under People v. Guerrero (1988) 44 Cal.3d 343, the court was required to presume that the prior conviction was for the least offense punishable under the statute. On November 4, 2014, California voters passed Proposition 47, the Safe Neighborhoods and Schools Act, which reduces certain nonserious and nonviolent crimes, such as low-level drug- and theft-related offenses, from felonies to misdemeanors. (People v. Contreras (2015) 237 Cal.App.4th 868, 889-890.) Proposition 47 authorizes a person who has been convicted of a felony who would have been guilty of a misdemeanor under the act to petition for a recall of sentence to request resentencing “in accordance with Sections 11350, 11357, or 11377 of the Health and Safety Code, or