Sauceda

INTRODUCTION

Appellant Juan Antonio Sauceda appeals from the denial of his petition for resentencing under Penal Code section 1170.18, a statute added by Proposition 47. Appellant unsuccessfully requested a reduction in the sentence imposed on his prior conviction for theft and unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)). Appellant contends that a conviction under Vehicle Code section 10851 is eligible for resentencing under Proposition 47 because the voters intended that Proposition 47 change the punishment scheme for all automobile thefts through Penal Code section 490.2. Appellant further contends that equal protection concerns require treating convictions under Vehicle Code section 10851 the same as convictions for theft of all other property valued at less than $950, as convictions which are eligible for resentencing. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On April 28, 2006, appellant was sentenced in two separate cases. In Kings County Superior Court case No. 05CM4286, appellant received an eight-year sentence on a conviction under Vehicle Code section 10851, with a prior prison term enhancement. In Kings County Superior Court…