People v. Solis

200 Cal. Rptr. 3d 463, 245 Cal. App. 4th 1099, 2016 Cal. App. LEXIS 214
CourtCalifornia Court of Appeal, 2nd District
DecidedMarch 23, 2016
DocketB262149
StatusPublished
Cited by23 cases

This text of 200 Cal. Rptr. 3d 463 (People v. Solis) is published on Counsel Stack Legal Research, covering California Court of Appeal, 2nd District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Solis, 200 Cal. Rptr. 3d 463, 245 Cal. App. 4th 1099, 2016 Cal. App. LEXIS 214 (Cal. Ct. App. 2016).

Opinions

LAVIN, J.

*1103INTRODUCTION

Defendant Esmeralda Solis appeals from the denial of her petition for recall and resentencing under Proposition 47, the Safe Neighborhoods and Schools Act. Defendant argues Proposition 47, which reduced the penalty for theft of property worth less than $951 from a wobbler to a misdemeanor, applies to her felony conviction for taking or driving a vehicle under Vehicle Code section 10851, subdivision (a). We conclude defendant was not convicted of a qualifying theft offense and affirm the denial of her petition.

FACTUAL AND PROCEDURAL BACKGROUND

On March 15, 2012, defendant and three co-defendants were charged by information with grand theft auto, a felony (Pen.Code, § 487, subd. (d)(1) ; count 1); driving or taking a vehicle, a felony (Veh.Code, § 10851, subd. (a) ; count 2); and theft of identifying information, a misdemeanor (Pen.Code, § 530.5, subd. (c)(1) ; count 11).1 Counts 1 and 2 involved a 1993 Honda Accord. A co-defendant drove the car; defendant was one of three passengers.

*1104At arraignment, defendant pled guilty to count 2, driving or taking a vehicle in violation of Vehicle Code section 10851, subdivision (a) ( Section 10851 ), a felony. The trial court suspended imposition of *466sentence and placed her on formal probation for three years. The court required defendant to serve 180 days in county jail, awarded her 174 days local custody credit, and dismissed counts 1 and 11.

In January 2015, the Alternate Public Defender's office filed a petition to recall defendant's felony sentence and resentence her as a misdemeanant under Proposition 47. The court held a contested hearing on February 5, 2015. The People opposed defendant's petition on the ground that Section 10851 convictions are not eligible for reduction under Proposition 47. The court found as a matter of law that Section 10851 convictions are not reducible under Proposition 47, and denied the petition without prejudice; the court did not make any factual findings about the nature of the Section 10851 violation or the value of the car. This timely appeal followed.

CONTENTIONS

Defendant contends Penal Code section 490.2 (Section 490.2 ), which reduced the penalty for "obtaining any property by theft where the value of the ... property taken does not exceed nine hundred fifty dollars ($950)," applies to at least some convictions for taking or driving a vehicle under Section 10851.

DISCUSSION

At the outset, we address the People's argument that even if Section 10851 is reducible as a legal matter, defendant did not meet her burden of proving that she is eligible for resentencing because her conviction was for joyriding, not vehicle theft. Because we hold Section 10851 is not eligible for resentencing under Proposition 47 under any legal theory and find defendant is ineligible for resentencing as a matter of law, we do not address the sufficiency of her petition for resentencing or resolve who bore the burden of proof below.

The issue before us is a question of law, which we review de novo. (People v. Cromer (2001) 24 Cal.4th 889, 893-894, 103 Cal.Rptr.2d 23, 15 P.3d 243.)

1. Proposition 47

On November 4, 2014, California voters approved Proposition 47, the Safe Neighborhoods and Schools Act. (Prop. 47, as approved by voters, Gen. Elec.

*1105(Nov. 4, 2014).) The initiative aimed to "ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for nonserious, nonviolent crime, and to invest the savings generated from" the Act in elementary and high school programs, victims' services, and mental health and drug treatment. (Ballot Pamp., Gen. Elec. (Nov. 4, 2014) text of Prop. 47, § 2, p. 70.) Proposition 47 targets these goals in four ways: (1) it amends the Penal Code and Health and Safety Code to reduce certain property crimes and possessory drug offenses from felonies or wobblers2 to misdemeanors; (2) it allows people serving felony sentences for newly-reduced offenses to ask the court to resentence them as misdemeanants (Pen.Code, § 1170.18, subds. (a), (b) ); (3) it allows people who have finished serving a qualified felony sentence to ask the court to reclassify the conviction as a misdemeanor (Pen.Code, § 1170.18, subds. (f) -(h) ); and (4) it creates a Safe Neighborhoods and Schools Fund to be financed with savings generated by the changes to the sentencing laws ( *467Gov.Code, § 7599 et seq. ). (Ballot Pamp., supra, text of Prop. 47, § 3, p. 70.)

As relevant to the present case, though Proposition 47 purported to reduce the penalties for grand theft, it did not directly amend any substantive theft statute. (Ballot Pamp., supra, analysis of Prop. 47 by Legis. Analyst, p. 35 ["Specifically, the measure reduces the penalties for the following crimes: [¶] Grand Theft."].) Instead, the initiative added a new provision to the Penal Code chapter dealing with theft. (§ 490.2 ; see Pen.Code, § 484 et seq. ) The new provision provides, "Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor" unless the defendant has been convicted of a specified violent or serious crime. (§ 490.2.)

Under Penal Code section 1170.18, a defendant currently serving a felony sentence for a crime that would have been a misdemeanor under Proposition 47 may petition for resentencing in accordance with the provisions of the Act, including Section 490.2. (Pen.Code, § 1170, subds. (a) -(b).) The issue before us is whether Section 490.2 applies to felony convictions under Section 10851. We conclude it does not.3

*11062. Principles of Statutory Construction

As with any case involving statutory interpretation, our primary goal is to ascertain and effectuate the lawmakers' intent. (People v. Park (2013) 56 Cal.4th 782, 796, 156 Cal.Rptr.3d 307, 299 P.3d 1263

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Bluebook (online)
200 Cal. Rptr. 3d 463, 245 Cal. App. 4th 1099, 2016 Cal. App. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-solis-calctapp2d-2016.