Solis

*1103 INTRODUCTION

Defendant Esmeralda Solis appeals from the denial of her petition for recall and resentencing under Proposition 47, the Safe Neighborhoods and Schools Act. Defendant argues Proposition 47, which reduced the penalty for theft of property worth less than $951 from a wobbler to a misdemeanor, applies to her felony conviction for taking or driving a vehicle under Vehicle Code section 10851, subdivision (a). We conclude defendant was not convicted of a qualifying theft offense and affirm the denial of her petition.

FACTUAL AND PROCEDURAL BACKGROUND

On March 15, 2012, defendant and three co-defendants were charged by information with grand theft auto, a felony (Pen.Code, § 487, subd. (d)(1) ; count 1); driving or taking a vehicle, a felony (Veh.Code, § 10851, subd. (a) ; count 2); and theft of identifying information, a misdemeanor (Pen.Code, § 530.5, subd. (c)(1) ; count 11). 1 Counts 1 and 2 involved a 1993 Honda Accord. A co-defendant drove the car; defendant was one of three passengers.

*1104 At arraignment, defendant pled guilty to count 2, driving or taking a vehicle in violation of Vehicle Code section 10851, subdivision (a) ( Section 10851 ), a felony. The…

I concur with the majority's conclusion that violations of Vehicle Code section 10851 are not eligible for Proposition 47 resentencing under Penal Code section 1170.18. 9 However, I respectfully part company with the majority's analysis in two respects.

First, I agree that consideration of the rule against surplusage is an appropriate consideration in interpreting a statute, and that we may look to other provisions amended or added by Proposition 47 to determine the electorate's intent. (See, e.g., People v. Rodriguez (2012) 55 Cal.4th 1125 , 1131, 150 Cal.Rptr.3d 533 , 290 P.3d 1143 ; People v. Ruff (2016) 244 Cal.App.4th 935 , 944, 198 Cal.Rptr.3d 704 .) However, I question whether inclusion of references to both petty theft and Vehicle Code section 10851 in section 666 actually renders the reference to Vehicle Code section 10851 surplusage, as the majority holds. The majority reasons that where the *1115 value of a vehicle is $950 or less, section 490.2 defines auto theft in violation of Vehicle Code section 10851 as petty theft; therefore, inclusion of both Vehicle Code section 10851 and petty theft in the list of enumerated predicate offenses in section 666 is redundant.…