People v. Moreno CA6

DISCUSSION

Defendant argues that the trial court erred in denying his petition to designate his vehicle theft conviction a misdemeanor pursuant to Proposition 47. He argues that voters intended that the crime of theft of a vehicle valued at $950 or less be included in the sentencing reforms of Proposition 47. In addition, defendant asserts that the court’s denial of his Proposition 47 petition violated his right to equal protection under both the California Constitution and the Fourteenth Amendment. On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) Proposition 47 “reduced the penalties for a number of offenses.” (People v. Sherow (2015) 239 Cal.App.4th 875, 879 (Sherow)). Penal Code section 1170.18, which was also added by Proposition 47, “creates a process where persons previously convicted of crimes as felonies, which would be misdemeanors under the new definitions in Proposition 47, may petition for resentencing [or designation of the crimes as misdemeanors].” (Sherow, supra, 239 Cal.App.4th at p. 879.) The question of whether defendant is eligible for relief under Proposition…