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 April 12, 2005, defendant pleaded guilty to felony taking and driving a motor vehicle without the owner’s consent (Veh. Code, § 10851, subd. (a)), and being under the influence of a controlled substance, a misdemeanor (Health & Saf. Code, § 11550, subd. (a)). The felony complaint specified the vehicle that defendant took and drove was a 1992 Chevrolet Tahoe. Defendant’s factual statement in support of his guilty plea reads: “I offer to the court the…