People v. Madrid CA4/1

INTRODUCTION

In 2000, Mario Richard Madrid pleaded guilty to second degree burglary of a

vehicle (Pen. Code, § 459) and admitted having a prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). The trial court sentenced him to a stipulated sentence of

two years and eight months in prison.

In 2015, Madrid filed a petition under Penal Code section 1170.18, which was

enacted as part of the Safe Neighborhoods and Schools Act (Proposition 47), to reduce

his vehicle burglary conviction from a felony to a misdemeanor. (See Voter Information

Guide, Gen. Elec. (Nov. 4, 2014) text of Prop. 47, § 1, p. 70.) The court denied the

petition, finding a vehicle burglary conviction is not eligible for resentencing under

Proposition 47.

Madrid appeals. His appointed appellate counsel filed a brief requesting we

independently review the record for error. (See People v. Wende (1979) 25 Cal.3d 436,

441-442.) Having done so and having identified no reasonably arguable appellate issues,

we affirm the order.

BACKGROUND

There is no transcript of Madrid's guilty plea or sentencing hearing. A 2005

probation report described the relevant facts underlying Madrid's…