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People v. Mays

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Jan 31, 2020
E073067 (Cal. Ct. App. Jan. 31, 2020)

Opinion

E073067

01-31-2020

THE PEOPLE, Plaintiff and Respondent, v. GLENN EDWARD MAYS, JR., Defendant and Appellant.

Johanna R. Pirko, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. PEF004802) OPINION APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge. Affirmed. Johanna R. Pirko, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

In 2000, defendant and appellant Glenn Edward Mays, Jr. was charged by information with carjacking (Pen. Code, § 215, count 1) and robbery (§ 211, count 2). The information also alleged that he had a prior serious felony conviction (§ 667, subd. (a)) and a prior strike conviction (§§ 667, subds. (c) & (e), 1170.12, subd. (c).) Defendant entered a plea agreement and pled guilty to grand theft from a person (§ 487, subd. (c)), and he admitted the prior strike conviction. In accordance with the agreement, a trial court sentenced him to the low term of two years eight months in state prison, and it dismissed count 2 and the prior serious felony conviction allegation.

All further statutory references will be to the Penal Code, unless otherwise noted. --------

In November 2014, California voters approved Proposition 47 (effective November 5, 2014). (§ 1170.18.) "Proposition 47 makes certain drug- and theft-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants. These offenses had previously been designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors)." (People v. Rivera (2015) 233 Cal.App.4th 1085, 1091.) "Proposition 47 also created a new resentencing provision: section 1170.18." (Id. at p. 1092.) Section 1170.18 "provides that persons who have completed felony sentences for offenses that would now be misdemeanors under Proposition 47 may file an application with the trial court to have their felony convictions 'designated as misdemeanors.'" (Rivera, at p. 1093.)

On December 24, 2018, defendant filed a form petition pursuant to Proposition 47, checking the boxes alleging that he was convicted of grand theft (§ 487) and that he had completed his sentence. On May 16, 2019, the court held a hearing on the petition. Defense counsel submitted on the petition. The People argued that the defense failed to meet its burden of proof. The court agreed with the People and denied the petition without prejudice.

On June 19, 2019, defendant filed a notice of appeal.

DISCUSSION

Defendant appealed and, upon his request, this court appointed counsel to represent him. 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 and one potential arguable issue: whether the court erred in denying defendant's section 1170.18 petition without prejudice. Counsel has also requested this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, which he has not done.

Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER

J. We concur: RAMIREZ

P. J. MENETREZ

J.


Summaries of

People v. Mays

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Jan 31, 2020
E073067 (Cal. Ct. App. Jan. 31, 2020)
Case details for

People v. Mays

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. GLENN EDWARD MAYS, JR., Defendant…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

Date published: Jan 31, 2020

Citations

E073067 (Cal. Ct. App. Jan. 31, 2020)