People v. Washington CA2/8

Filed 9/29/16 P. v. Washington CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B271719

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA329354) v.

TROY WASHINGTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court for the County of Los Angeles. Katherine Mader, Judge. Affirmed.

Elizabeth K. Horowitz, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________________

This is an appeal from an order denying defendant Troy Washington’s motion for modification of his sentence under Penal Code section 1170.18 (Proposition 47). (All statutory references are to the Penal Code unless otherwise specified.) An information filed on November 26, 2007, charged defendant with second degree robbery. The information also alleged one prior serious or violent felony conviction (case No. PA015697 in 1994, for battery with serious bodily injury) under section 1170.12, subdivisions (a) through (d) and section 667, subdivisions (b) through (i); a prior serious felony conviction (the same 1994 conviction) under section 667, subdivision (a)(1); and five prison priors under section 667.5, subdivision (b). The five prison priors included a 2002 conviction (case No. BA224892) for a felony violation of Health and Safety Code section 11350, subdivision (a) (possession of a controlled substance). A jury convicted defendant of the robbery. He admitted the allegations that he suffered the prior 1994 conviction in case No. PA015697, and the court found those allegations true. On April 23, 2008, the court sentenced defendant to 11 years in state prison: the middle term of three years for the robbery, doubled for the prior serious and/or violent felony (case No. PA015697) under sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i), plus a consecutive five-year enhancement for the prior serious felony (case No. PA015697) under section 667, subdivision (a)(1). Effective November 5, 2014, the voters passed Proposition 47, making certain drug and theft offenses misdemeanors instead of felonies, including specified violations of Health and Safety Code section 11350. Proposition 47 also allows a person who has completed his or her sentence for a felony that would have been a misdemeanor under Proposition 47 to file an application to have the felony conviction designated as a misdemeanor. (§ 1170.18, subd. (f).) On August 11, 2015, defendant filed a motion under Proposition 47 to redesignate his 2002 felony conviction for unlawful drug possession as a misdemeanor. On