People v. Smith CA3

Filed 9/15/16 P. v. Smith CA3

NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, C078822

Plaintiff and Respondent, (Super. Ct. No. CM037751)

v.

ANTHONY MICHAEL SMITH,

Defendant and Appellant.

Defendant Anthony Michael Smith appeals from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1170.18 on his conviction for unlawful driving or taking of a vehicle. 1 He contends that the court’s finding that his conviction was not subject to resentencing was incorrect, and the trial court therefore erroneously denied him the required hearing to determine the value of the vehicle. In a

1 Undesignated statutory references are to the Penal Code.

1

supplemental brief, he contends that equal protection principles require auto thefts of $950 or less to be treated under section 1170.18 like any other theft of that amount. We decline to address these contentions because we conclude defendant did not satisfy his burden of establishing the value of his vehicle. We shall therefore affirm the trial court’s orders. I. BACKGROUND Defendant stipulated to the use of the probation report and other materials as a factual basis for his plea, so we take the facts of his offense from the probation report. On November 7, 2012, officers discovered 1.8 grams of methamphetamine and hypodermic syringes in defendant’s jacket pocket following a traffic stop. On February 4, 2013, a deputy conducted a traffic stop on a vehicle stolen from Orland two days earlier. Defendant, the driver, was searched and found in possession of a hypodermic syringe and counterfeit money. The ignition of the vehicle had been tampered with. On February 27, 2013, a deputy saw a stolen vehicle driving out of a parking lot. The deputy stopped the vehicle, which was driven by defendant. Defendant was searched, and found possessing 0.3 grams of methamphetamine. Defendant was charged by consolidated information with unlawful driving or taking of a vehicle, a 1997 gold Honda Accord, on or about February 4, 2013, (Veh. Code, § 10851, subd. (a)—count 1) with an on-bail enhancement (§ 12022.1); unlawful driving or taking of a vehicle, a 1997 Honda Accord LP, on February 27, 2013 (Veh. Code, § 10851, subd. (a)—count 2); possession of a controlled substance, methamphetamine, on February 27, 2013, (Health & Saf. Code, § 11377, subd. (a)— count 3) with an on-bail enhancement (§ 12022.1); and possession of a controlled substance, methamphetamine, in November 2012 (Health & Saf. Code, § 11377, subd. (a)—count 4). A prior prison term enhancement was also alleged. (§ 667.5, subd. (b).)