People v. Ashley CA3

Filed 9/20/16 P. v. Ashley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C080297

Plaintiff and Respondent, (Super. Ct. No. 03F0348)

v.

WILLIAM LEE ASHLEY,

Defendant and Appellant.

Defendant William Lee Ashley appeals from the trial court’s denial of his Penal Code section 1170.18 (unless otherwise set forth, statutory references that follow are to the Penal Code) petition to reduce his felony conviction for unlawfully driving or taking a vehicle (Veh. Code, § 10851) to a misdemeanor. He contends the trial court erred in finding his conviction ineligible for section 1170.18 relief. We affirm the court’s order denying the petition.

FACTS AND PROCEEDINGS On or about April 18, 2002, defendant unlawfully drove and took a 1981 Mercury Cougar owned by Jennifer McCrody without her consent. Defendant pleaded guilty to unlawfully driving or taking a vehicle and was placed on three years’ formal probation.

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Defendant’s probation was subsequently revoked and he was sentenced to a two-year state prison term, to be served concurrently with a two-year term imposed in another case. Defendant subsequently filed a section 1170.18 petition to reduce his conviction to a misdemeanor. Attached to the petition was a declaration from counsel that the vehicle in question “was valued at around $500.00.” The trial court denied the petition, finding defendant’s crime was ineligible for resentencing.

DISCUSSION Defendant contends the trial court erred in finding his conviction for unlawfully driving or taking a vehicle was not subject to the resentencing provisions of section 1170.18. This issue is currently before the California Supreme Court. (See, e.g., People v. Johnston (2016) 247 Cal.App.4th 252, review granted July 13, 2016, S235041; People v. Solis (2016) 245 Cal.App.4th 1099, review granted June 8, 2016, S234150; People v. Ortiz (2016) 243 Cal.App.4th 854, review granted Mar. 16, 2016, S232344; People v. Haywood (2015) 243 Cal.App.4th 515, review granted Mar. 9, 2016, S232250; and People v. Page (2015) 241 Cal.App.4th 714, review granted Jan. 27, 2016, S230793.) Section 1170.18, subdivision (a) provides: “A person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section (‘this act’) had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing . . . .” Section 1170.18 was enacted as part of Proposition 47, which reduced many crimes from felony to misdemeanor. As pertinent to this case, Proposition 47 added section 490.2, which states: “Notwithstanding Section 487 or any other provision of law