People v. Washington CA2/1

Filed 3/20/23 P. v. Washington CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B322529

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA086242) v.

RODERICK NATHANIEL WASHINGTON,

Defendant and Appellant.

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

In 2013, a jury found Roderick Nathaniel Washington guilty of forgery, identity theft, and second degree commercial burglary. (Pen. Code, §§ 470, subd. (b), 530.5, subd. (a), 459.) He was sentenced to the upper term of three years in prison for the identity theft, and has completed the sentence. 1. Prior Wende1 Appeal On October 30, 2017, Washington applied to have his identity theft and burglary convictions redesignated as misdemeanors under Proposition 47, the Safe Neighborhoods and Schools Act, which reclassified as misdemeanors certain low-level theft offenses that previously had been felonies or “wobblers,” and allowed defendants who had been convicted of those offenses and had served out their sentences to petition for redesignation of their convictions as misdemeanors. (Pen. Code, § 1170.18, subd. (f).) The trial court denied Washington’s application because the convictions were ineligible for redesignation under Proposition 47. Washington appealed from the denial of his application. Washington’s appointed appellate counsel filed a brief raising no issues, and Washington filed no supplemental brief. Accordingly, we affirmed the trial court’s order denying his petition. (People v. Washington (Aug. 31, 2018, B285292) [nonpub. opn.].) 2. Current Wende Appeal On March 21, 2022, Washington filed a motion to correct the abstract of judgment and reduce his conviction to a misdemeanor. The trial court denied the petition to reduce the conviction because Washington again presented no evidence of