Opinion
E067540
05-08-2017
THE PEOPLE, Plaintiff and Respondent, v. OSCAR GERALD MACHADO, Defendant and Appellant.
Robert F. Somers, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. FCH01043) OPINION APPEAL from the Superior Court of San Bernardino County. Bridgid M. McCann, Judge. Affirmed. Robert F. Somers, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant Oscar Gerald Machado appeals from an order denying his petition under Penal Code section 1170.18 to reduce from a felony to a misdemeanor his conviction for possessing marijuana in prison. (§ 4573.) Because this conviction is not eligible for reduction, we affirm the order.
All further statutory references are to the Penal Code unless otherwise indicated. --------
FACTS AND PROCEDURE
On October 31, 1994, defendant pled guilty to violating section 4573.8 and admitted that he had a prior serious or violent felony conviction under section 667, subdivisions (b) through (i). The court sentenced him to 32 months in state prison.
On November 4, 2014, voters enacted Proposition 47, entitled "the Safe Neighborhoods and Schools Act" (hereafter Proposition 47). It went into effect the next day. (Cal. Const., art. II, § 10, subd. (a).) As of its effective date, Proposition 47 classifies as misdemeanors certain drug- and theft-related offenses that previously were felonies or "wobblers," unless they were committed by certain ineligible defendants. (§ 1170.18, subd. (a).)
On August 30, 2016, defendant filed a petition for resentencing pursuant to Proposition 47. The People responded that a section 4573.8 felony is not eligible for reduction to a misdemeanor under section 1170.18. On December 19, 2016, the superior court denied the petition after finding that a section 4573.8 conviction is not eligible for reduction to a misdemeanor under section 1170.18.
This appeal followed.
DISCUSSION
Upon defendant's request, this court appointed counsel to represent him on appeal. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court to conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, and he has not done so.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the entire record for potential error and find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The court's order is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J. We concur: CODRINGTON
J. SLOUGH
J.