People v. Poles CA5

Filed 9/23/16 P. v. Poles CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F070868 Plaintiff and Respondent, (Super. Ct. No. VCF267795B) v.

KEON JEROME POLES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Gary L. Paden, Judge. Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Lewis A. Martinez, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Poochigian, J.

Appellant Keon Jerome Poles appeals from the denial of his petition for resentencing under Penal Code section 1170.18, seeking modification of the sentence imposed on his prior convictions for receiving a stolen vehicle (Pen. Code, § 496d, subd. (a)). Appellant contends the failure to modify his sentences violates principles of equal protection. For the reasons set forth below, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On November 13, 2014, appellant petitioned to have several prior felony convictions reduced to misdemeanors under Penal Code section 1170.18. Appellant had previously suffered, among others, four convictions for receiving stolen automobiles (Pen. Code, § 496d, subd. (a)), one conviction for petty theft with a prior (Pen. Code, § 666), and one conviction for possession of a controlled substance (Health & Saf. Code, § 11350). The trial court granted appellant’s request with respect to his convictions for petty theft with a prior and possession of a controlled substance. However, the court rejected appellant’s request with respect to the four prior convictions for receiving stolen vehicles, concluding that Penal Code section 1170.18 did not extend to such convictions. This appeal timely followed. DISCUSSION Appellant contends the trial court wrongly denied his petition for resentencing. He claims his sentence violates equal protection principles and must be reduced to a misdemeanor because there is no rational basis why his convictions under Penal Code section 496d, subdivision (a), should not be eligible for resentencing under Penal Code section 1170.18 when similar convictions under Penal Code section 496 are eligible. Standard of Review and Applicable Law “The concept of equal treatment under the laws means that persons similarly situated regarding the legitimate purpose of the law should receive like treatment. [Citation.] ‘“The first prerequisite to a meritorious claim under the equal protection clause is a showing that the state has adopted a classification that affects two or more