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Name: People v. Orozco
Case #: D067313
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/21/2016

Unlawfully taking of a vehicle (Veh. Code, § 10851) and receiving a stolen vehicle (Pen. Code, § 496d) are not eligible for reduction to misdemeanors under Proposition 47 (Pen. Code, § 1170.18). Officers arrested Orozco for driving a stolen car and the police report listed the car’s value at $301. Orozco pleaded guilty to unlawfully driving a vehicle without permission (Veh. Code, § 10851, subd. (a)) and receiving a stolen vehicle (Pen. Code, § 496d). After Proposition 47 passed, he filed a petition to reduce both convictions from felonies to misdemeanors. The trial court denied the petition, reasoning that Proposition 47 did not apply to those offenses. Held: Affirmed. Proposition 47 makes certain theft and drug-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants. It also created a new resentencing provision, section 1170.18, which lists a number of crimes that are now eligible for misdemeanor treatment. Unlawful taking of a vehicle and receiving a stolen vehicle are not listed in section 1170.18. As such, their omission must be interpreted as intentional. Orozco’s section 10851 conviction also was not eligible for resentencing under section 490.2 (added by Proposition 47), which makes any theft of property valued at $950 or less a misdemeanor. There was no evidence in the record that he had the specific intent required for theft. He pleaded guilty to unlawfully driving a vehicle, not theft of a vehicle. Additionally, although Proposition 47 amended section 496, subdivision (a) to make receiving stolen property valued at $950 or less a misdemeanor, it did not amend sections 496a or 496d, which deal with the receipt of particular types of stolen property. Accordingly, Orozco’s petition was properly denied.

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