People v. Sims CA2/3

Filed 4/13/23 P. v. Sims CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B324089

Plaintiff and Respondent, Los Angeles County Super. Ct. No. GA096858 v.

RODNEY LOUIS SIMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jared D. Moses, Judge. Affirmed. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant Rodney Louis Sims appeals from an order denying his application for resentencing and to redesignate a second degree robbery conviction as a misdemeanor offense under Penal Code1 section 1170.18. We affirm.

BACKGROUND

In October 2015, the People charged defendant in a one- count information with second degree robbery in violation of section 212.5, subdivision (c), a felony. The People further alleged that defendant personally used a box cutter and screwdriver in the commission of the robbery, causing the offense to become a serious felony. In February 2016, a jury found defendant guilty of second degree robbery in violation of section 212.5 as charged in the information. The jury also found true the allegation that defendant committed the robbery by personally using a dangerous and deadly weapon. After defendant admitted prior strike convictions, the court sentenced him to an aggregate term of 35 years to life. On June 10, 2022, defendant filed an application for resentencing and redesignation of his 2016 robbery conviction as a misdemeanor conviction pursuant to section 1170.18, a statute added by Proposition 47. Defendant stated he was convicted in 2016 of violating section 212.5, “a felony violation of a crime that has now been made a misdemeanor pursuant to Proposition 47.” On June 20, 2022, the trial court summarily denied the