People v. Smith CA2/4

Filed 6/21/16 P. v. Smith CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B261140

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA063719) v.

CHRIS LAMAR SMITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed as Modified; Petition for Habeas Corpus is Denied. Maxine Weksler, 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, Noah P. Hill and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

I. The Appeal A jury convicted defendant Chris Lamar Smith of two counts of identity theft (Pen. Code, § 530.5, subd. (a), counts 1 & 2),1 four counts of second degree burglary (§ 459, counts 3, 4, 13, 16), four counts of forgery (§ 476, counts 5, 6, 14, 17) and four counts of obtaining money by false pretenses (§ 532, subd. (a), counts 7, 8, 15, 18). The jury also found true seven prior prison term enhancements under section 667.5, subdivision (b) arising from the following prior cases and convictions: (1) case No. PA027288, possession of concentrated cannabis (Health & Saf. Code, § 11357, subd. (a)); (2) case No. PA035889, petty theft with a prior (§ 666); (3) case No. PA040187, possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)); (4) case No. PA046886, possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)); (5) case No. MA037819, perjury (§ 118, subd. (a)); (6) case No. MA050784, uttering a fictitious check (§ 476); and (7) case No. MA058073, commercial burglary (§ 459). The trial evidence is not material to the appeal. We note only that on June 23, 2014, defendant and an accomplice (Elena Trejo) each cashed two stolen checks in different Bank of America branches in the Antelope Valley (appellant’s checks were for $100 and $300, the accomplice’s checks were for $300 each). After turning himself in, defendant confessed to the crimes. Before his sentencing hearing on December 16, 2014, the voters enacted Proposition 47 (The Safe Neighborhoods and Schools Act), effective November 5, 2014. Proposition 47 reduced certain drug- and theft-related offenses to misdemeanors, unless committed by persons who are ineligible for that treatment based on statutory criteria. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1091.) In section 1170.18, the Proposition also provides a procedure for defendants