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Name: People v. Haywood
Case #: C078609
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/30/2015
Subsequent History: Review granted 3/9/2016: S232250

A conviction for unlawful taking or driving a vehicle (Veh. Code, § 10851) is not eligible for a reduction to a misdemeanor under Proposition 47. Haywood filed a petition to reduce his 1996 felony conviction for unlawful taking or driving of a vehicle to a misdemeanor under Proposition 47 (Pen. Code, § 1170.18). The trial court denied his petition, finding that Proposition 47 did not apply to unlawful taking. Haywood appealed. Held: Affirmed. Section 1170.18 provides a means for defendants who either are serving a sentence or have completed a sentence for a prior conviction to petition for resentencing if the prior conviction would have been a misdemeanor under Proposition 47. Section 10851 is not among the offenses listed in section 1170.18. Under the plain language of section 1170.18, section 10851 is not subject to resentencing under Proposition 47. This conclusion is consistent with the voter materials for the initiative. Although all grand theft convictions for theft of property valued at $950 or less qualify for reduction to misdemeanors under Proposition 47 (see Pen. Code, § 490.2), unlawful driving or taking is not a theft crime because it proscribes actions whether or not there was an intent to steal. The Court of Appeal disagreed with People v. Gomez (2015) 243 Cal.App.4th 319, rehearing granted 1/11/2016, and agreed with People v. Page (2015) 241 Cal.App.4th 714, review granted 1/27/2016 (S230793/E062760).