Filed 3/14/16 P. v. Trammell 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication 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,

Plaintiff and Respondent,

v.

ELGIN TRAMMELL,

Defendant and Appellant.

 B263439

 (Los Angeles County

 Super. Ct. No. TA081083)

APPEAL from an order of the Superior Court of Los Angeles County, Gary Y. 

Tanaka, Judge. Affirmed.

Caneel C. Fraser, under appointment by the Court of Appeal, for Defendant and 

Appellant.

No appearance for Plaintiff and Respondent.

__________________________________
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On November 10, 2005, Elgin Trammell pleaded no contest to one count of 

possession of cocaine base for sale, a felony, in violation of Health and Safety Code 

section 11351.5. The trial court suspended imposition of sentence and placed Trammell 

on formal probation for three years. As a condition of his probation, Trammell was 

required to serve 91 days in jail. 

On January 22, 2015, Trammell filed a petition to have his November 10, 2005 

felony conviction designated as a misdemeanor pursuant to Penal Code section 1170.18, 

subdivisions (f)-(i), added by Proposition 47. Under Penal Code section 1170.18, 

subdivision (f), “A person who has completed his or her sentence for a conviction, 

whether by trial or plea, of a felony or felonies who would have been guilty of a 

misdemeanor under this act had this act been in effect at the time of the offense, may file 

an application before the trial court that entered the judgment of conviction in his or her 

case to have the felony conviction or convictions designated as misdemeanors.” A 

person convicted of unlawful drug possession under Health and Safety Code section 

11350, 11357, or 11377 is eligible to have his or her conviction designated as a 

misdemeanor (assuming he or she does not have any disqualifying prior convictions). 

(Pen. Code, § 1170.18, subds. (a) & (f)-(i).) In his petition, Trammell represented his 

November 10, 2005 conviction was for unlawful drug possession in violation of Health 

and Safety Code section 11350. In fact, Trammell’s November 10, 2005 conviction was 

for possession of cocaine base for sale in violation of Health and Safety Code section 

11351.5, an offense that is still classified today as a felony and does not qualify Trammell 

for relief under Penal Code section 1170.18, subdivision (f).

On February 19, 2015, the trial court issued an order denying Trammell’s petition 

and explaining the offense for which Trammell was convicted on November 10, 2005 (a 

violation of Health & Saf. Code, § 11351.5) does “not qualify for relief under Proposition 

47.” 

On April 6, 2015, Trammell filed a notice of appeal from the January 22, 2015 

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

record, counsel filed an opening brief raising no issues and asking this court to review the 
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record independently pursuant to People v. Wende (1979) 25 Cal.3d 436. On December 

11, 2015, we advised Trammell that he personally had 30 days to submit any contentions 

or issues he wished us to consider. We also directed his appointed counsel to send the 

record and opening brief to Trammell immediately. To date, we have received no 

response from Trammell.

We have examined the record and are satisfied that Trammell’s counsel has 

complied with her responsibilities and that no arguable issues exist. (People v. Kelly

(2006) 40 Cal.4th 106, 109-110; People v. Wende, supra, 25 Cal.3d at p. 441.)

DISPOSITION

The February 19, 2015 order, denying Trammell’s petition under Penal Code 

section 1170.18 (Proposition 47) is affirmed.

NOT TO BE PUBLISHED.

CHANEY, Acting P. J.

We concur:

JOHNSON, J.

LUI, J.