People v. Weddell CA4/3

Filed 7/22/16 P. v. Weddell CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G051592

v. (Super. Ct. No. 13HF2450)

CHRISTOPHER WILLIAM WEDDELL, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Thomas A. Glazier, Judge. Affirmed. James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal, Andrew Mestman and Amanda E. Casillas, Deputy Attorneys General, for Plaintiff and Respondent. * * *

INTRODUCTION Defendant Christopher William Weddell appeals from the trial court’s denial of his petition under Proposition 47, the Safe Neighborhoods and Schools Act (Pen. Code, § 1170.18), to have his felony conviction for unlawful taking of a vehicle redesignated as a misdemeanor. He contends that Proposition 47 requires that felony be redesignated as a misdemeanor because the vehicle involved had a value of $950 or less. Alternatively, he argues that denying misdemeanor designation for that offense violates equal protection. Defendant’s challenges fail because he has not established the value of the vehicle involved was $950 or less. Therefore, we affirm the trial court’s order.

STATEMENT OF FACTS AND PROCEDURAL HISTORY On August 5, 2013, an Irvine police officer observed defendant riding a motorcycle at “a high rate of speed.” Following a pursuit, the officer found the motorcycle lying on the ground of a shopping center parking lot; defendant was about 20 feet away, inside an enclosed dumpster area, and the helmet and jacket he had been wearing were another 15 to 20 feet from defendant. Various drugs were found inside the jacket pocket. Defendant told the police officer that he had walked to that location from a friend’s house a mile and a half away, and was going to walk home. The police officer identified the owner of the motorcycle from its engine number. The owner confirmed that his motorcycle had been stolen, he had not given anyone permission to take his motorcycle, and he did not know defendant. Defendant was charged in an information with felony taking of a vehicle with a prior conviction for the same offense (Pen. Code, § 666.5, subd. (a); Veh. Code, § 10851, subd. (a)), felony possession of heroin (Health & Saf. Code, § 11350, subd. (a)), felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), misdemeanor possession of a designated substance (Health & Saf. Code, § 11375,