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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051586

v. (Super. Ct. No. 05WF0750)

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, 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 April 12, 2005, defendant pleaded guilty to felony taking and driving a motor vehicle without the owner’s consent (Veh. Code, § 10851, subd. (a)), and being under the influence of a controlled substance, a misdemeanor (Health & Saf. Code, § 11550, subd. (a)). The felony complaint specified the vehicle that defendant took and drove was a 1992 Chevrolet Tahoe. Defendant’s factual statement in support of his guilty plea reads: “I offer to the court the following facts as the basis for my plea of guilty to a felony: [¶] On or about 5/6/05 I unlawfully took a vehicle w/o owners consent & was under influence of controlled substance.” The trial court placed defendant on formal probation for three years. In November 2005, defendant admitted a probation violation, and the trial court revoked and reinstated his probation, and ordered him to serve 90 days in county jail. In February 2006, the court summarily revoked defendant’s probation for another probation violation. In March 2006, the court reinstated and terminated defendant’s probation, at which time the case was closed. In November 2014, defendant filed a petition to have his conviction for violating Vehicle Code section 10851, subdivision (a), redesignated as a misdemeanor.