People v. Woodral CA5

DISCUSSION

Appellant argues that a violation of Vehicle Code section 10851 is a theft offense subject to resentencing under Penal Code section 1170.18. In addition, appellant argues that treating a conviction for theft of an automobile under Vehicle Code section 10851 as a felony while other similar property thefts are treated as misdemeanors under Penal Code section 490.2 violates equal protection principles. We have previously addressed both issues in People v. Sauceda (2016) ___ Cal.App.5th ___ (Sauceda) [2016 Cal.App. Lexis 792]. In Sauceda, we held that Vehicle Code section 10851 is not affected by the

2. changes enacted through Proposition 47 and that no equal protection violation arises from the different potential punishments for, or the failure to grant retroactive sentencing relief to, those convicted under Vehicle Code section 10851. (Sauceda, supra, at p. ___ [p. 30].) We see no reason to depart from those rulings here.1 With respect to his eligibility for resentencing under Proposition 47, appellant also argues that a conviction under Vehicle Code section 10851 must be eligible for resentencing because it is a lesser included offense to grand theft auto, which is…