People v. McFarland CA1/5

Filed 2/14/25 P. v. McFarland CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

A169818

Plaintiff and Respondent, v. (Alameda County Super. Ct. No. 105777)

MAURICE MCFARLAND,

Defendant and Appellant.

MEMORANDUM OPINION1

Defendant Maurice McFarland appeals from an order denying his petition to reduce his 1991 conviction for second degree robbery from a felony to a misdemeanor. The trial court held that McFarland was ineligible for relief under Penal Code2 section 17, subdivision (b) and that he was also ineligible for relief under section 1203.4 because he was still in custody. McFarland’s appointed counsel on appeal filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), and McFarland did not…