P. v. Acosta
Defendant Fernando Acosta pleadedguilty to a violation of Vehicle Code section 10851, subdivision (a) (hereafter Vehicle Code section 10851(a)), possession of acontrolled substance (former Health & Saf. Code, § 11350, subd. (a)), and misdemeanor resisting an officer (former Pen. Code, § 148, subd. (a)(1)),[1]and admitted that he had served a prior prison term (§ 667.5, subd. (b)). In 2015, after he had completed his sentence, defendant filed an application with the trial courtpursuant to section 1170.18, subdivision (f), which was enacted as part of Proposition 47, to have his felony Vehicle Code and drug offenses redesignated as misdemeanors. The court granted the application as to the drug offense, but denied the application as to the Vehicle Code offense.
On appeal, defendant contends that his felony conviction under Vehicle Code section 10851(a) should have been reduced to a misdemeanor under Proposition 47, and that the trial court erred by refusing to do so. Fo
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