California v. Wehr
Annotate this CaseDefendant Robert Wehr was convicted of receiving a stolen vehicle under Penal Code section 496d(a). Before his sentencing, Wehr moved to designate his conviction a misdemeanor under Proposition 47. The trial court denied his motion and sentenced him to a total of nine years in state prison, including sentence enhancements. Wehr challenges the court’s denial of his motion. He argues that his offense was eligible for misdemeanor treatment under section 496 if the value of the stolen vehicle did not exceed $950. The Court of Appeal agreed with Wehr that, after the passage of Proposition 47, receipt of a stolen vehicle was eligible for misdemeanor treatment under section 496, assuming that the vehicle was worth $950 or less. The Court thus reversed his felony conviction for violating section 496d. On remand, the State could: (1) accept reduction of this conviction to a misdemeanor; or (2) retry him for a felony violation of section 496d. The Court affirmed the judgment in all other respects.
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