People v. Alexander CA4/2 ( 2021 )

Filed 9/10/21 P. v. Alexander CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E077318
v. (Super.Ct.No. FWV032687)
STEVEN EUGENE ALEXANDER, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Lisa M. Rogan,
Judge. Affirmed.
Steven Eugene Alexander, in pro. per.; and Richard Schwartzberg, under
appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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INTRODUCTION
In 2004, defendant and appellant Steven Eugene Alexander was charged by a
single-count information with possession of a stolen vehicle pursuant to Penal Code1
section 496d, subdivision (a). The information also alleged that he had served one prior
prison term (§ 667.5, subd. (b)) and had one prior strike conviction (§§ 1170.12,
subds. (a)-(d), 667, subds. (b)-(i)). Defendant entered a plea agreement and pled guilty in
exchange for a two-year term in state prison and the dismissal of the other allegations. In
2017, he filed a resentencing petition under section 1170.18 (Prop. 47, as approved by
voters, Gen. Elec. (Nov. 4, 2014).) The People filed an opposition asserting defendant
had to prove the stolen vehicle was worth less than $950. A trial court held a hearing and
found defendant was not eligible for resentencing and denied the petition without
prejudice.
On February 17, 2021, defendant filed a motion to correct/modify and/or remand
the sentence. The motion was denied by written order finding that, in his plea agreement,
defendant agreed to pay actual restitution, there was a victim restitution hearing where
the court heard argument by the prosecution and defense, and the court ordered victim
restitution in the amount of $2,947.29. The written order noted that defendant petitioned
the court regarding the imposition of the restitution without an ability to pay hearing, but
the court denied the petition noting that victim restitution was mandatory. Defendant
then requested a modification of the amount, and the court denied that request. On May
1 All further statutory references will be to the Penal Code unless otherwise noted.
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21, 2021, defendant filed a second section 1170.18 petition, alleging the value of the
vehicle was less than $950. The court denied the petition.
Defendant filed a notice of appeal on June 28, 2021.
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to
represent him. Counsel has filed a brief under the authority of People v. Wende (1979)
25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of
the case and the following potential arguable issue: whether the record indicates he was
eligible for resentencing under section 1170.18. Counsel has also requested this court to
undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which
he has done. In a handwritten brief, defendant first contends he is eligible for relief under
Proposition 47 based on the fact that the cost of the stolen vehicle was under $950. He
asserts his counsel should have obtained the Kelley Blue Book price of the vehicle, which
would have shown its value at less than $950. However, the court held a full hearing on
the issue of restitution and determined the value of the vehicle was $2,947.29. In any
event, Proposition 47 does not apply to convictions under section 496d; thus, defendant is
not eligible for relief. (People v. Orozco (2020) 9 Cal.5th 111, 123 [“Proposition 47’s
amendments to section 496(a) do not affect punishments for receipt of stolen vehicles
under section 496d.”].)
Defendant also contends that when he agreed to the plea bargain his counsel
explained that restitution would be determined at a later hearing, but it would only deal
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with the $200 court fee/fines, and he was never given any notice of the restitution
hearing. Thus, he claims he was never told about the victim restitution. He then asserts
he would not have taken the deal if he knew victim restitution was part of the agreement.
However, the record shows the terms of the plea agreement included two years in state
prison, the dismissal of the other allegations, and “actual restitution.”
Additionally, defendant initialed the box indicating he understood he would also
have to pay “a mandatory restitution fine of not less than $200 nor greater than $10,000”
and the box indicating his attorney explained everything in the agreement to him and he
understood it. Moreover, the record shows, at sentencing, the matter was set for a victim
restitution hearing, and he waived his presence at the hearing.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have
conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
FIELDS
J.
We concur:
RAMIREZ
P. J.
McKINSTER
J.
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