People v. Karas CA2/5

Filed 9/21/16 P. v. Karas CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B268987

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA009213) v.

MAGED L. KARAS,

Defendant and Appellant.

Appeal from an order of the Superior Court of Los Angeles County, Mark A. Young, Judge. Affirmed. Laini Millar Melnick, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Susan Sullivan Pithey, Supervising Deputy Attorney General, Mary Sanchez, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION Defendant and appellant Maged Karas filed a petition in the trial court to reduce his 1992 felony second degree burglary of a vehicle (Pen. Code, § 4591) conviction to a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and Schools Act (§ 1170.18). The trial court denied the petition. Defendant appeals, and we affirm.

PROCEDURAL BACKGROUND2 In 1992, defendant pleaded no contest to second degree burglary of a vehicle and admitted that he had suffered a prior conviction within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to four years in state prison and suspended execution of sentence. In 2015, defendant filed a petition for resentencing under Proposition 47 seeking to have his 1992 burglary of a vehicle conviction reduced to a misdemeanor, claiming the “amount in question” was not more than $950. The People opposed the petition on the ground that defendant’s burglary of a vehicle offense did not qualify for Proposition 47 relief. The trial court agreed with the People and denied the petition.