People v. Ashley CA3

FACTS AND PROCEEDINGS

On or about April 18, 2002, defendant unlawfully drove and took a 1981 Mercury Cougar owned by Jennifer McCrody without her consent. Defendant pleaded guilty to unlawfully driving or taking a vehicle and was placed on three years’ formal probation.

1 Defendant’s probation was subsequently revoked and he was sentenced to a two-year state prison term, to be served concurrently with a two-year term imposed in another case. Defendant subsequently filed a section 1170.18 petition to reduce his conviction to a misdemeanor. Attached to the petition was a declaration from counsel that the vehicle in question “was valued at around $500.00.” The trial court denied the petition, finding defendant’s crime was ineligible for resentencing.

DISCUSSION

Defendant contends the trial court erred in finding his conviction for unlawfully driving or taking a vehicle was not subject to the resentencing provisions of section 1170.18. This issue is currently before the California Supreme Court. (See, e.g., People v. Johnston (2016) 247 Cal.App.4th 252, review granted July 13, 2016, S235041; People v. Solis (2016) 245 Cal.App.4th 1099, review granted June 8, 2016, S234150; People…