People v. Earp CA5

INTRODUCTION

Appellant Donny Yashawn Earp filed a petition pursuant to Penal Code1 section 1170.18 for the trial court to reclassify his felony conviction for second degree vehicular burglary to a misdemeanor. The court denied the petition. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On July 3, 2007, a felony complaint was filed in Superior Court of Tulare County case No. VCF186455, charging appellant with count 1, second degree burglary of a vehicle, a 1998 Volvo S-70, on June 29, 2007 (§ 459), with two prior prison term enhancements (§ 667.5, subd. (b)). On July 19, 2007, appellant pleaded guilty to the charged offense and admitted the two enhancements. On August 16, 2007, the court denied probation and sentenced appellant to the midterm of two years for count 1, plus one year for one prior prison term enhancement, and ordered the second enhancement stricken.

PROPOSITION

Proposition 47 was approved in November 2014, and “makes certain drug- and…