People v. Le CA2/7

INTRODUCTION

Hoa Duc Le appeals from the judgment entered after a jury convicted him of felony burglary of a vehicle and misdemeanor possession of burglary tools. He contends the trial court erred by imposing a felony sentence on his conviction for burglary of a vehicle because under Proposition 47, the Safe Neighborhoods and Schools Act (Pen. Code, § 1170.18),1 the offense was a misdemeanor. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2015 a jury convicted Le of second degree burglary of a vehicle (§ 459), a felony, and possession of burglary tools (§ 466), a misdemeanor, after hearing evidence that he broke into a car parked at a mall, did not take anything from the car, and was arrested shortly afterward with a shaved key in his pants pocket.2 The trial court sentenced Le on the conviction for burglary of a vehicle to three years in county jail, plus two one-year enhancements pursuant to section 667.5, subdivision (b), and on the conviction for possession of burglary tools to a concurrent term of six months. Le timely appealed.

DISCUSSION

Le argues the trial court erred by imposing a felony sentence on his conviction for burglary of a vehicle under section 459…