P. v. Zuniga CA6
Defendant Victor Zuniga, Jr., challenges the superior court’s denial of his Penal Code section 1170.18 petition seeking to have his 1994 auto burglary (§ 459) conviction reduced to a misdemeanor. The superior court concluded that auto burglary does not fall within the provisions of section 1170.18. On appeal, defendant contends that auto burglary qualifies for treatment under section 1170.18 because it falls within section 490.2. He also claims that, should we find that auto burglary does not fall within section 490.2, the distinction between auto burglary and theft of a vehicle (§§ 487, subd. (d), 490.2) violates equal protection. We reject both his primary and alternative contentions and affirm the superior court’s order.
Comments on P. v. Zuniga CA6