People v. Smith CA2/6

Filed 7/19/16 P. v. Smith 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B263982 (Super. Ct. No. YA050327-01) Plaintiff and Respondent, (Los Angeles County)

v.

DAVID MAURICE SMITH,

Defendant and Appellant.

David Maurice Smith appeals an order denying most of his Proposition 47 petition. (Penal Code § 1170.18.)1 A jury convicted Smith of 12 counts of grand theft of personal property over $400,000 in value (§ 487, subd. (a)) and 12 counts of theft from an elder or dependant adult (§ 368, subd. (d)). The trial court sentenced Smith to 12 consecutive 25 years to life terms on the grand theft counts pursuant to the "Three Strikes" law (§§ 667, subds. (b)-(i);…