People v. Rios CA5

Filed 9/27/16 P. v. Rios 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F071496 Plaintiff and Respondent, (Super. Ct. No. BF108409B) v.

JORGE RIOS, II, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael B. Lewis, Judge. William W. Lee, 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, Julie A. Hokans and Galen N. Farris, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Franson, J. and Smith, J.

INTRODUCTION In 2004, appellant Jorge Rios, II, was convicted of receiving stolen property and possession of a controlled substance. In 2015, Rios filed a petition to reduce these two convictions to misdemeanors, pursuant to Penal Code1 section 1170.18, subdivision (f). The trial court granted the petition as to the possession of a controlled substance conviction, but denied it as to the receiving stolen property conviction on the grounds the value of the items exceeded $950. Rios appeals, contending the trial court erred in denying the petition as to the receiving stolen property conviction. We affirm. FACTUAL AND PROCEDURAL SUMMARY On December 3, 2004, Rios pled no contest to one felony count of receiving stolen property, in violation of section 496, subdivision (a), and one felony count of possession of a controlled substance, methamphetamine, a violation of Health and Safety Code section 11377, subdivision (a). The receiving stolen property count involved a 1992 Ford Explorer and a floor jack. On January 3, 2005, Rios was sentenced to a term of 16 months in prison on each count, to run concurrently. On February 11, 2015, Rios filed a petition pursuant to section 1170.18. The petition stated that Rios had completed his sentence and was seeking to reduce his 2004 convictions to misdemeanors. No documents addressing the dollar value of the property in the receiving stolen property conviction were attached to the petition. A hearing on the petition was held on April 10, 2015. At that hearing, defense counsel stated that the police report “lists losses of $300 and recovered $300 so it does appear under $950.” Rios presented no other evidence or information as to the value of the items; the police report was not offered into evidence. The People responded that they were unable to obtain a 2004 Kelley Blue Book to ascertain the value of the Ford Explorer as of 2004; however, the 2015 Kelley Blue Book