People v. Madrid CA4/1

Filed 7/15/16 P. v. Madrid CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D069317

Plaintiff and Respondent,

v. (Super. Ct. No. SCE208140)

MARIO RICHARD MADRID,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of San Diego County,

David J. Danielsen, Judge. Affirmed.

Gary V. Crooks, under appointment by the Court of Appeal for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

INTRODUCTION

In 2000, Mario Richard Madrid pleaded guilty to second degree burglary of a

vehicle (Pen. Code, § 459) and admitted having a prior strike conviction (Pen. Code,

§§ 667, subds. (b)-(i), 1170.12). The trial court sentenced him to a stipulated sentence of

two years and eight months in prison.

In 2015, Madrid filed a petition under Penal Code section 1170.18, which was

enacted as part of the Safe Neighborhoods and Schools Act (Proposition 47), to reduce

his vehicle burglary conviction from a felony to a misdemeanor. (See Voter Information