People v. Thornhill CA4/3

Filed 7/26/16 P. v. Thornhill 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051367

v. (Super. Ct. No. 13HF2403)

JEANNE INEZ THORNHILL, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Affirmed. Richard L. Fitzer, 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, Peter Quon, Jr., and Anthony Da Silva, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Defendant Jeanne Inez Thornhill appeals from the trial court’s denial of her petition under Proposition 47, the Safe Neighborhoods and Schools Act (Pen. Code, § 1170.18), to have her felony convictions for unlawful taking of a vehicle and receiving a stolen vehicle redesignated as misdemeanors. She contends that Proposition 47 requires those felonies be redesignated as misdemeanors because the vehicle involved had a value of $950 or less. Alternatively, she argues that denying misdemeanor designation for those offenses violates equal protection. Defendant’s challenges fail because she 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 Defendant was charged in a felony complaint with the unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)), and receiving a stolen vehicle (Pen. Code, § 496d, subd. (a)). Defendant pleaded guilty to both charges, and offered the following as the factual basis for the guilty plea: “In Orange County, California, on 11/15/12 I unlawfully drove & took a vehicle without the consent of the owner, and I withheld property that I knew was obtained by theft.” The trial court suspended imposition of defendant’s sentence, and placed her on formal probation for three years. Ten months later, the trial court summarily revoked defendant’s probation and issued a warrant for her arrest. Pursuant to Proposition 47, defendant filed a petition to redesignate the convictions as misdemeanors. The trial court denied the petition because the charges against defendant did not fall within Proposition 47. Defendant admitted her probation violations and the trial court sentenced her to 90 days in county jail. Defendant timely appealed from the postjudgment order.