People v. Lee CA4/3

INTRODUCTION

Defendant Andrew Sungeun Lee appeals from an order denying his petition under Penal Code section 1170.18 for, inter alia, the reduction of his felony convictions, for unlawfully taking a vehicle in violation of Vehicle Code section 10851, subdivision (a) and receiving a stolen motor vehicle in violation of Penal Code section 496d, subdivision (a), to misdemeanors. (All further statutory references are to the Penal Code unless otherwise specified.) Lee argues his convictions fall within the category of felony offenses that qualify for reduction to misdemeanors by the passage of the Safe Neighborhoods and Schools Act (Proposition 47). He also argues the denial of his petition under the new statutory scheme violates his right to equal protection of the law under the Fourteenth Amendment to the United States Constitution and the California Constitution. We affirm. Neither Vehicle Code section 10851 nor section 496d is included in the list of statutes contained in section 1170.18, defining felonies that qualify for redesignation as misdemeanors. Even if we were to assume both offenses constitute theft-related offenses within the meaning of section 490.2, and thereby…