Haywood

In January 2015, defendant Pharaoh Haywood filed a petition in propria persona pursuant to Penal Code section 1170.18 1 (enacted as part of a Nov. 2014 initiative measure) to redesignate his 1996 felony conviction for unlawful taking or driving of a vehicle (Veh. Code, § 10851, subd. (a) ) as a misdemeanor. 2 He waived personal appearance if the matter was not contested. The trial court, acting ex parte, appointed a public defender. It then summarily denied the petition in a minute order "due to ineligibility based due to: [c]urrent [sic] conviction(s)." 3 Defendant appealed. (Cf. Teal v. Superior Court (2014) 60 Cal.4th 595 , 597, 179 Cal.Rptr.3d 365 , 336 P.3d 686 [§ 1170.126 eligibility is appealable].)

Defendant argues that even if unlawful taking/driving of a vehicle is not expressly included among the offenses "in accordance with" which he can be resentenced *43 to a misdemeanor (§ 1170.18, subd. (a) ), it can constitute a "theft conviction" ( People v. Garza (2005) 35 Cal.4th 866 , 881, 28 Cal.Rptr.3d 335 , 111 P.3d 310 [when committed as theft conviction, § 654 precludes court from imposing punishment for offense in addition to punishment for a conviction under § 496,…