People v. Toney CA2/6

Filed 8/18/15 P. v. Toney CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B261880 (Super. Ct. No. CR38787) Plaintiff and Respondent, (Ventura County)

v.

MICHAEL W. TONEY,

Defendant and Appellant.

In 1996, Michael W. Toney was convicted by plea of unlawful sexual 1 intercourse with a minor (Pen. Code, § 261.5, subd. (c)) and oral copulation of a person under the age of 18 (§ 288a, subd. (b)(1)). The trial court suspended imposition of sentence and granted five years probation. Appellant successfully completed probation and appeals from a post-judgment order denying his motion to reduce the offenses to misdemeanors (§17, subd. (b)(3)) and motion to…