Ortiz

*857 Defendant Manuel Ignacio Ortiz appeals from the denial of his petition for resentencing under Proposition 47. Defendant contends Penal Code section 490.2 (Section 490.2 ) makes him eligible for resentencing on his conviction for theft of a car under Vehicle Code section 10851 (Section 10851 ). The trial court denied the petition on the ground that a conviction under Section 10851 does not meet Proposition 47's eligibility criteria as a matter of law.

We hold that a defendant convicted under Section 10851 may be eligible for Proposition 47 resentencing if he or she can show the offense qualifies as a petty theft under Section 490.2. Here, defendant must show he committed theft of a *897 vehicle valued at $950 or less. Because defendant did not satisfy his burden to make such a showing, we affirm the denial of his petition without prejudice to subsequent consideration of a properly filed petition.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts of the Offense

On November 6, 2012, Claudia Uchicua and Gumaro Madera told police their 1990 Honda Civic had been stolen. On November 20, 2012, police stopped the car in San José while defendant was driving it. The front license plate…