People v. Smith CA2/3

INTRODUCTION

Following a plea of no contest to unlawful driving or taking a motor vehicle with a prior conviction for felony theft involving an automobile, defendant William Smith was placed on formal probation. His probation was revoked after he failed to report to the probation department. After the trial court denied his petition for recall and sentencing under Proposition 47, defendant admitted violating the terms of probation. Although he was sentenced to three years in county jail for the violation, the court suspended his three-year sentence and reinstated formal probation with additional terms. On appeal, defendant contends the court erred in denying his Proposition 47 petition. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On May 10, 2014, deputies from the Los Angeles Sheriff’s Department saw a 1999 Dodge Dakota pickup truck without a front license plate and pulled it over. After discovering the truck had been reported stolen in North Carolina, they arrested defendant, the driver. By felony complaint filed May 13, 2014, the People charged defendant with one count of driving or taking a vehicle with a prior (Pen. Code, § 666.5, subd. (b); count 1). The People also…