Filed 7/15/16 P. v. Madrid CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D069317
Plaintiff and Respondent,
v. (Super. Ct. No. SCE208140)
MARIO RICHARD MADRID,
Defendant and Appellant.
APPEAL from a postjudgment order of the Superior Court of San Diego County,
David J. Danielsen, Judge. Affirmed.
Gary V. Crooks, under appointment by the Court of Appeal for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
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 vehicle burglary
conviction as follows: "A witness saw the defendant and a male companion break into a
vehicle and remove property from it. The witness followed the men's vehicle and
directed the police to [its] location. Police officers conducted a felony hot stop of the
vehicle and detained the defendant and his companion. … A green bag containing
books[,] which the victim subsequently identified as his property, was found in the
vehicle driven by the defendant's companion."
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DISCUSSION
Madrid's appointed appellate counsel filed a brief summarizing the facts and
proceedings below. Counsel presented no argument for reversal and instead requested
we review the record for error as mandated by People v. Wende, supra, 25 Cal.3d at
pages 441-442.
To aid our review, and consistent with Anders v. California (1976) 386 U.S. 738,
744, counsel identified one possible appellate issue: whether Proposition 47's
resentencing provisions apply to Madrid's vehicle burglary conviction because vehicle
burglary is analogous to shoplifting. (But see People v. Acosta (2015) 242 Cal.App.4th
521, 526-528 [vehicle burglary and attempted vehicle burglary are not included in the list
of offenses Proposition 47 reduced to misdemeanors; vehicle burglary does not qualify as
petty theft under Pen. Code, § 490.2; vehicle burglary does not qualify as shoplifting
under Pen. Code, § 459.5; and the equal protection clause does not require vehicle
burglary to receive the same treatment as vehicle theft under Proposition 47].)
We granted Madrid permission to file a supplemental brief on his own behalf. He
did not do so.
As requested by counsel, we reviewed the record for error and did not find any
reasonably arguable appellate issues. Madrid has been competently represented by
counsel in this appeal.
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DISPOSITION
The order is affirmed.
MCCONNELL, P. J.
WE CONCUR:
NARES, J.
O'ROURKE, J.
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