Filed 10/28/15 P. v. Traylor CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE,

Plaintiff and Respondent,

v.

GLENN EDW ARD TRAYLOR,

Defendant and Appellant. B261598

(Los Angeles County

Super. Ct. No. BA421942)

APPEAL from an order of the Superior Court of Los Angeles County, Davi d M.

Horwitz, Judge. Affirmed.

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

_____________________2 PROCEDURAL AND FACTUAL BACKGROUND

After waiving his right to a preliminary hearing, Glenn Edward Traylor pleaded

guilty on March 4

, 2014 to two counts of second degree burglary (Pen. Code, § 459) and

admitted having previously served 19 separate prison terms for felonies (Pen. Code,

§ 667.5, subd. (b)) as charged in a felony complaint. The court sentenced Traylor to the

upper term of three years on each count to be served concurrently and dismissed a prior

strike allegation and the prior prison term enhancemen ts in the interests of justice.

On December 11, 2014, Traylor filed a petition seeking to reduce his felony

conviction s for se cond degree burglary to misdemeanors under Proposition 47, the Safe

Neighborhood and Schools Act (Pen. Code, § 1170.18). The trial court denied the

petition, finding Traylor was not eligible for resentencing under Proposition 47. Traylor

filed a timely n otice of appeal.

DISCUSSION

We appointed counsel to represent Traylor on appeal. After examination of the

record, counsel filed an opening brief in which no issues were raised. On June 1 6, 2015

we advised Traylor he had 30 days within which to submit any contentions or issues he

wished us to consider. We have received no response.

“Proposition 47 makes certain drug

- and theft

- related offenses misdemeanors,

unless the offenses were committed by certain ineligible defendants. These offenses had

previo usly been designated as either felonies or wobblers (crimes that can be punished as

either felonies or misdemeanors).” ( People v. Rivera (2015) 233 Cal.App.4th 108 5

,

1091.) To this end, “ Proposition 47 (1) added chapter 33 to the Government Code

(§ 7599 et seq.), (2) added sections 459.5, 490.2, and 1170.18 to the Penal Code, and

(3) amended Penal Code sections 473, 476a, 496, and 666 and Health and Safety Code

sections 11350, 11357, and 11377. (Ballot Pamp., Gen. Elec. (Nov. 4, 2014) text of3

Prop. 47, § § 4

- 14, pp. 70

- 74.)” ( Ibid. ) Traylor’s conviction for second degree burglary

(burglary of an automobile) is not within the scope of Proposition 47.

We have examined the entire record and are satisfied Traylor’s appellate attorney

has fully complied with the responsibilities of counsel and no arguable issue exists.

( Smith v. Robbins (2000) 528 U.S. 259, 277

- 284 [120 S.Ct. 746, 145 L.Ed.2d 756];

People v. Kelly (2006) 40 Cal.4th 106, 11 8

- 11 8 ; People v. Wende (1979) 25 Cal.3d 436,

441

- 442 .)

DISPOSITION

The order is affirmed.

BECKLOFF, J *

We concur:

PERLUSS, P. J.

ZELON, J.

* J udge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to

article VI, section 6 of the Californi a Constitution.