People v. Wright CA5

Filed 1/24/22 P. v. Wright 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F079959 Plaintiff and Respondent, (Kern Super. Ct. No. MF006036A) v.

FLOYD HOWARD WRIGHT, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Eric E. Reynolds, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Franson, J. and Peña, J.

INTRODUCTION Appellant Floyd Howard Wright filed a petition to reduce his felony conviction to a misdemeanor. The court denied relief because his offense was not eligible for reduction pursuant to the provisions of Proposition 47 and Penal Code section 1170.18. 1 On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm. FACTUAL AND PROCEDURAL BACKGROUND On March 7, 2003, an information was filed in the Superior Court of Kern County charging appellant with count 1, felony possession of marijuana by an inmate in state prison without proper authorization on December 2, 2002 (Pen. Code, § 4573.6), with three prior strike convictions. On April 18, 2003, appellant pleaded guilty to felony count 1 as charged. On May 16, 2003, the court granted appellant’s request to dismiss two of the prior strike allegations. The court imposed the midterm of three years, doubled to six years as the second strike term, consecutive to the sentence he was already serving. PROPOSITION 47 Proposition 47 was approved in November 2014, and “makes certain drug- and theft-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants. These offenses had previously been designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors).” (People v. Rivera (2015) 233 Cal.App.4th 1085, 1091.) Proposition 47 “also added … section 1170.18, which permits those previously convicted of felony offenses that Proposition 47 reduced to misdemeanors to petition to have such felony convictions resentenced or