People v. Young CA2/8

FACTS

By information filed September 8, 1987, defendant was charged with three counts of robbery (§ 211) and one count of grand theft (§ 487). Defendant pled guilty to grand theft. On February 11, 2015, defendant filed, in propria persona, an application to have his felony conviction reclassified as a misdemeanor pursuant to section 1170.18, subdivision (f). On June 8, 2015, the court summarily denied his request, finding, “[t]here is no proof from petitioner as to amount in question.” On July 21, 2015, defendant filed a request for a formal hearing and appointment of counsel. On July 21, 2015, while defendant’s request for a hearing was pending, he served a notice of appeal from the court’s summary denial of his application. On July 23, 2015, the trial court denied his request for a hearing and appointment of counsel, finding that “Robbery (Penal Code 211) on [a] person is not [an] eligible offense under Proposition 47.” Defendant did not file a separate notice of appeal from this latter order.

DISCUSSION

Defendant contends his notice of appeal should be liberally construed to permit him to appeal both the June 8, 2015 and July 23, 2015 orders of the court. (Cal. Rules of…