P. v. Perez CA6
Defendant Alexander James Perez appeals from the denial of his application to reduce his felony conviction for unlawfully driving or taking a vehicle without the owner’s consent (Veh. Code, § 10851, subd. (a)) to a misdemeanor under the terms of Proposition 47 (Pen. Code, § 1170.18, subd. (f)). The trial court denied his application, finding that Proposition 47, on its face, does not apply to convictions under Vehicle Code section 10851.
While this case was pending on appeal, the California Supreme Court in People v. Page (2017) 3 Cal.5th 1175 (Page) held that a defendant who has been convicted of a violation of Vehicle Code section 10851, subdivision (a) is not categorically ineligible for relief under Proposition 47. (Page, supra, at p. 1180.)
Because Perez, like the defendant in Page, failed to present any allegations or evidence to show that his conviction was for theft of a vehicle valued at $950 or less, the trial court’s denial of his application was appropriate.
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