People v. Page

A person convicted before Proposition 47’s (the “Safe Neighborhoods and Schools Act”) passage for vehicle theft under Cal. Veh. Code 10851 may be resentenced under Cal. Penal Code 1170.18 if the person can show the vehicle was worth $950 or less.As approved by voters in 2014, Proposition 47 added Cal. Penal Code 490.2, which provides that “obtaining any property by theft” is to be punished as a misdemeanor if the value of the property taken is $950 or less. Cal. Penal Code 1170.18 establishes procedures under which a person serving a felony sentence at the time of Proposition 47’s passage may be resentenced to a misdemeanor term. At issue was the application of these provisions to a prior conviction under Cal. Veh. Code 10851 - taking or driving a vehicle without the owner’s consent. The Supreme Court held that the lower courts in this case erred in holding that a defendant with a Cal. Veh. Code 10851 conviction is categorically ineligible for resentencing under Proposition 47. View "People v. Page" on Justia Law