People v. Wilson CA5

DISCUSSION

Appellant argues that rules of statutory interpretation and the clear legislative intent behind Proposition 47 shows that Vehicle Code section 10851 is eligible for resentencing under Penal Code sections 1170.18 and 490.2. 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 a general fashion in People v. Sauceda (2016) ___ Cal.App.5th ___ [2016 Cal.App. Lexis 792] (Sauceda). In Sauceda, we held that Vehicle Code section 10851 is not affected by the 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. With respect to his eligibility for resentencing under Proposition 47, appellant contends that his prior conviction was necessary for the theft offense…