Opinion
B271692 B271105
12-14-2016
THE PEOPLE, Plaintiff and Respondent, v. JOSE LUIS BELTRAN, Defendant and Appellant.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. MA055346) (Los Angeles County Super Ct. No. MA062765) APPEALS from orders of the Superior Court of Los Angeles County, Christopher G. Estes, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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After waiving his right to a preliminary hearing, Jose Luis Beltran pleaded no contest on March 1, 2012 to amended count 2, felony grand theft of a person (Pen. Code, § 487, subd. (c)). Pursuant to a negotiated agreement, imposition of sentence was suspended; and Beltran was placed on three years of probation on condition he serve 60 days in county jail, with credit for time served. The trial court dismissed count 1, robbery, on the People's motion. (Case no. MA055346)
All case numbers refer to Los Angeles Superior Court cases.
On July 14, 2014, a jury convicted Beltran of robbery (Pen. Code, § 211) and violating a domestic violence protective order (Pen. Code, § 273.6, subd. (a)) on April 20, 2014. On August 14, 2014, the trial court sentenced Beltran to the upper term of five years for robbery and a concurrent term of one year term for violating a domestic violence protective order. (Case no. MA062765) The court also sentenced Beltran to a consecutive eight-month term for violating probation in his 2012 case.
Beltran appealed, and this court reversed the judgment in part, remanded the matter for further proceedings and otherwise affirmed the judgment. (People v. Beltran (Dec. 22, 2015, B258269) [nonpub. opn.].)
In February 2016, Beltran filed separate petitions seeking to reduce his convictions for grand theft and robbery to misdemeanors under Proposition 47, the Safe Neighborhood and Schools Act (Pen Code, § 1170.18). The trial court granted the petition to reduce his grand theft offense to a misdemeanor and reimposed the eight-month sentence. The court denied the petition to reduce his robbery offense after finding the conviction did not qualify for resentencing to a misdemeanor under Proposition 47.
Beltran filed timely notices of appeal from the orders. We appointed counsel to represent Beltran on the appeals, which we consider concurrently. While the appeals were pending, the trial court responded to appellate counsel's request and reduced Beltran's sentence for misdemeanor grand theft from eight months to six months.
After examination of the record, appellate counsel filed opening briefs in both appeals in which no issues were raised. On October 18, 2016, we advised Beltran he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response.
We have examined the record and are satisfied Beltran's appellate attorney has fully complied with the responsibilities of counsel and no arguable issue exists. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 118-119; People v. Wende (1979) 25 Cal.3d 436, 441-442.) The trial court properly resentenced Beltran to a six-month term for misdemeanor grand theft and also properly determined that robbery is not one of the theft offenses for which a defendant may seek reclassification or resentencing pursuant to Penal Code section 1170.18, subdivision (a).
DISPOSITION
The orders are affirmed.
ZELON, J. We concur:
PERLUSS, P. J.
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. --------