People v. Washington CA2/4

Filed 1/3/23 P. v. Washington CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B320404

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA015216) v.

RODERICK WASHINGTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Christopher W. Dybwad, Judge. Affirmed.

Roderick Washington in pro. per.; Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent. ____________________________________________

BACKGROUND Appellant Roderick Washington appeals from an order denying his April 25, 2022, motion seeking post-conviction relief under Proposition 47. He was convicted following a no contest plea to a charge of felony possession of a completed check with intent to defraud, a forgery offense codified in Penal Code section 475.1 In his motion, appellant asked that his felony conviction be reduced to a misdemeanor because the check underlying his conviction was never cashed or otherwise used. The superior court denied the motion, concluding that it could not grant the requested relief because the amount of the fraudulent check exceeded $950. Appellant timely appealed.

DISCUSSION Appellant’s appointed appellate counsel filed a brief raising no issues. After receiving the record and a copy of counsel’s brief, appellant filed a supplemental brief reiterating his contention that he is eligible for relief under Proposition 47 because the check underlying his conviction