People v. Weddell CA4/3

INTRODUCTION

Defendant Christopher William Weddell appeals from the trial court’s denial of his petition under Proposition 47, the Safe Neighborhoods and Schools Act (Pen. Code, § 1170.18), to have his felony conviction for unlawful taking of a vehicle redesignated as a misdemeanor. He contends that Proposition 47 requires that felony be redesignated as a misdemeanor because the vehicle involved had a value of $950 or less. Alternatively, he argues that denying misdemeanor designation for that offense violates equal protection. Defendant’s challenges fail because he has not established the value of the vehicle involved was $950 or less. Therefore, we affirm the trial court’s order.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

On August 5, 2013, an Irvine police officer observed defendant riding a motorcycle at “a high rate of speed.” Following a pursuit, the officer found the motorcycle lying on the ground of a shopping center parking lot; defendant was about 20 feet away, inside an enclosed dumpster area, and the helmet and jacket he had been wearing were another 15 to 20 feet from defendant. Various drugs were found inside the jacket pocket. Defendant told the police officer…