People v. Juarez CA2/6

FACTS

Appellant pleaded guilty in 2003 to unlawful driving or taking of a vehicle. (Veh. Code, § 10851, subd. (a).) Evidence at his preliminary hearing showed the vehicle was a 1989 Jeep Cherokee. Appellant later violated the terms of his probation. In 2004, the trial court sentenced him to two years in state prison. In 2015, appellant was convicted of assault with a semiautomatic firearm (§ 245, subd. (b)), assault with a deadly weapon (§ 245, subd. (a)(1)), street terrorism (§ 186.22, subd. (a)) and resisting a peace officer. (§ 148, subd. (a)(1).) He was sentenced to a term in state prison of 30 years. We affirmed his conviction in an unpublished opinion. (People v. Juarez (Oct. 19, 2016, B263348).) Appellant then filed an application to reduce his 2003 conviction to a misdemeanor on the ground that the vehicle he took was worth less than $950. (§ 1170.18, subd. (f); People v. Page (2017) 3 Cal.5th 1175, 1183.) The district attorney responded that appellant was not eligible for relief because he had “at least one prior conviction of an offense under Penal Code, § 667 (e)(2)(C)(iv).” The trial court accepted that representation and denied the petition. The trial court made no…