People v. Le CA2/7

Filed 10/3/16 P. v. Le CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B264196

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA108701) v.

HOA DUC LE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Bruce F. Marrs, Judge. Affirmed. Stephanie L. Gunther, 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 and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION

Hoa Duc Le appeals from the judgment entered after a jury convicted him of felony burglary of a vehicle and misdemeanor possession of burglary tools. He contends the trial court erred by imposing a felony sentence on his conviction for burglary of a vehicle because under Proposition 47, the Safe Neighborhoods and Schools Act (Pen. Code, § 1170.18),1 the offense was a misdemeanor. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2015 a jury convicted Le of second degree burglary of a vehicle (§ 459), a felony, and possession of burglary tools (§ 466), a misdemeanor, after hearing evidence that he broke into a car parked at a mall, did not take anything from the car, and was arrested shortly afterward with a shaved key in his pants pocket.2 The trial court sentenced Le on the conviction for burglary of a vehicle to three years in county jail, plus two one-year enhancements pursuant to section 667.5, subdivision (b), and on the conviction for possession of burglary tools to a concurrent term of six months. Le timely appealed.