Filed 3/20/23 P. v. Washington CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE
THE PEOPLE, B322529
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No. GA086242)
v.
RODERICK NATHANIEL
WASHINGTON,
Defendant and Appellant.
APPEAL from an order of the Superior Court of Los
Angeles County, Teri Schwartz, Judge. Affirmed.
John L. Staley, under appointment by the Court of Appeal;
Roderick Washington, in pro. per., for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_______________________________
In 2013, a jury found Roderick Nathaniel Washington
guilty of forgery, identity theft, and second degree commercial
burglary. (Pen. Code, §§ 470, subd. (b), 530.5, subd. (a), 459.) He
was sentenced to the upper term of three years in prison for the
identity theft, and has completed the sentence.
1. Prior Wende1 Appeal
On October 30, 2017, Washington applied to have his
identity theft and burglary convictions redesignated as
misdemeanors under Proposition 47, the Safe Neighborhoods and
Schools Act, which reclassified as misdemeanors certain low-level
theft offenses that previously had been felonies or “wobblers,”
and allowed defendants who had been convicted of those offenses
and had served out their sentences to petition for redesignation of
their convictions as misdemeanors. (Pen. Code, § 1170.18, subd.
(f).) The trial court denied Washington’s application because the
convictions were ineligible for redesignation under Proposition
47. Washington appealed from the denial of his application.
Washington’s appointed appellate counsel filed a brief
raising no issues, and Washington filed no supplemental brief.
Accordingly, we affirmed the trial court’s order denying his
petition. (People v. Washington (Aug. 31, 2018, B285292)
[nonpub. opn.].)
2. Current Wende Appeal
On March 21, 2022, Washington filed a motion to correct
the abstract of judgment and reduce his conviction to a
misdemeanor. The trial court denied the petition to reduce the
conviction because Washington again presented no evidence of
1 People v. Wende (1979) 25 Cal.3d 436, 441.
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the value of the property associated with the crimes of which he
was convicted.
Washington appeals, and we appointed counsel to
represent him. After examining the record, counsel filed a brief
raising no issues and asking this court to independently review
the record. We sent letters to Washington and to appointed
counsel, directing counsel to forward the appellate record and
brief to Washington and advise him that he had 30 days to
personally submit any contentions or issues he wished us to
consider.
Washington filed a supplemental brief in which he contests
the propriety of his initial arrest but makes no argument
regarding the value of the property associated with his crimes.
3. Discussion
Redesignation under Proposition 47 is available only for
those felony offenses that were reclassified under Proposition 47
as misdemeanors. Identity theft was not reclassified. Although
commercial larceny of property worth no more than $950, i.e.,
shoplifting, was reclassified as a misdemeanor, nothing in the
record suggests Washington’s second degree burglary offense was
for shoplifting.
For these reasons, Washington is ineligible to have his
felony conviction redesignated as a misdemeanor.
We have otherwise examined the entire record and
conclude that Washington’s counsel complied with the
responsibilities set forth in People v. Kelly (2006) 40 Cal.4th 106
and People v. Wende, supra, 25 Cal.3d at p. 441. No arguable
issues exist.
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DISPOSITION
The order denying Washington’s Proposition 47 petition for
redesignation of his offenses is affirmed.
NOT TO BE PUBLISHED
CHANEY, J.
We concur:
ROTHSCHILD, P. J.
WEINGART, J.
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