People v. Sauceda
Annotate this CaseDefendant appealed the denial of his petition for resentencing under Proposition 47, Penal Code 1170.18, for his prior conviction of theft and unlawful driving or taking of a vehicle, Veh. Code, 10851, subd. (a). The court concluded that violating Vehicle Code section 10851 is not obtaining any property by theft; voter intent does not demonstrate a desire to amend Vehicle Code section 10851; the overall statutory scheme does not demonstrate a desire to amend Vehicle Code section 10851; and excluding Vehicle Code section 10851 from Proposition 47 does not lead to absurd results. Because the court concluded that there is no violation of equal protection requiring the court to construe Proposition 47 to include violations of Vehicle Code section 10851 for the purposes of determining eligibility for resentencing, the court affirmed the judgment.
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