People v. Taylor CA2/3

Filed 6/27/16 P. v. Taylor CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B262213

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA079685) v.

LARRY TAYLOR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jack P. Hunt, Judge. Affirmed. Caneel C. Fraser, 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 Zee Rodriguez, Deputy Attorneys General, for Plaintiff and Respondent.

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Larry Taylor filed a petition for resentencing under Proposition 47, the Safe Neighborhood and Schools Act (Proposition 47), asking that his second degree burglary convictions be reduced to misdemeanors. The trial court summarily denied the petition. On appeal, Taylor contends he was entitled to resentencing because the conduct underlying his convictions meets the statutory definition of shoplifting under Penal Code section 459.5 and petty theft under section 490.2.1 We conclude that Taylor did not meet his initial burden of proof as the petitioner under Proposition 47 because he did not indicate whether the value of the stolen property in each count did not exceed $950. Accordingly, we affirm. We conclude, however, that defendant may file a new petition that supplies further information about his eligibility. FACTUAL AND PROCEDURAL BACKGROUND In 2007, Taylor was charged with 16 counts of second degree burglary (§ 459; counts 1, 4-10, 12-16 & 18-20), two counts of identity theft (§ 530.5, subd. (a); counts 2 & 11), one count of forgery (§ 470, subd. (d); count 3), and one count of grand theft (§ 484e, subd. (b); count 17). He entered a no contest plea to counts 1, 4, 6, 7, 9, 12 and 13.2 The remaining counts were dismissed. The trial court sentenced Taylor to 12 years 8 months in state prison. In 2014, the voters enacted Proposition 47. The proposition “reduces penalties for certain offenders convicted of nonserious and nonviolent property and drug crimes” and “allows certain offenders who have been previously convicted of such crimes to apply for reduced sentences.” (Voter Information Guide for 2014, General Election, analysis by the Legis. Analyst, p. 35.) “Proposition 47 added section 459.5, which classifies shoplifting as a misdemeanor ‘where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950).’ [Citation.] ” (People v. Rivas-Colon (2015) 241 Cal.App.4th 444, 448.) Proposition 47 also added section 490.2