People v. Ploss CA4/2

I. FACTS

Because defendant pleaded guilty, there is no information in the record about the

facts of the crime other than that found in the amended information3 and plea. Based on

the amended information and plea, defendant had a prior felony conviction for auto theft,

and willfully and unlawfully bought and received a 1996 Jeep Cherokee that had been

obtained by theft and extortion.

Further undesignated statutory references are to the Penal Code.

“Every person who buys or receives any motor vehicle . . . that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be stolen or obtained, or who conceals, sells, withholds, or aids in concealing . . .” shall be convicted of either a misdemeanor or felony. (§ 496d, subd. (a).)

3 The original complaint was superseded by information filed July 7, 2010, and by amended information filed December 7, 2010.

II. DISCUSSION

A. Proposition 47; Relevant Provisions.

On November 4, 2014, California voters approved Proposition 47, and it went into

effect the next day. (Cal. Const., art. II, § 10, subd. (a).) “Proposition 47 makes certain

drug- and theft-related offenses…