People v. Washington CA2/1

Filed 12/16/22 P. v. Washington CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B320103

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA048701) v.

RODERICK WASHINGTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Teri Schwartz, Judge. Appeal dismissed. Richard B. Lennon, under appointment by the Court of Appeal; Roderick Washington, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________________

In 2002, a jury found Roderick Washington guilty of two counts of second degree commercial burglary (Pen. Code, § 459)1 and one count each of identity theft (§ 530.5, subd. (a)) and grand theft of personal property (§ 487, subd. (a)), all felony offenses. The trial court sentenced him to eight years in state prison, which was later reduced to six years after Washington’s direct appeal of his convictions. (People v. Washington (Apr. 26, 2004, B162464) [nonpub. opn.].) “Approved by the voters in 2014, Proposition 47, the Safe Neighborhoods and Schools Act, reduced the punishment for certain theft- and drug-related offenses, making them punishable as misdemeanors rather than felonies.” (People v. Page (2017) 3 Cal.5th 1175, 1179.) Proposition 47 added section 490.2, which states, in pertinent part, “Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor . . . .” (§ 490.2, subd. (a).) A person who has served a sentence for a felony that was reclassified under Proposition 47 may petition the trial court to redesignate the offense as a misdemeanor unless he or she is disqualified by certain other convictions. (§ 1170.18, subds. (a), (f), (i).) In 2018, Washington filed in this action a petition under Proposition 47. Therein, he did not identify which convictions he was asking the trial court to redesignate as misdemeanors. The trial court denied the petition on the ground Washington’s crimes in this action involved property worth more than $950.