Orozco
People v. Orozco
Opinion
lead Opinion
Huffman, J.
*670 Ernest Orozco pled guilty to one count of unlawfully driving a vehicle of another without permission ( Veh. Code, § 10851, subd. (a) ), and one count of receiving a stolen vehicle ( Pen. Code, 1 § 496d, subd. (a) ). Subsequently, California voters enacted Proposition 47, the Safe Neighborhoods and Schools Act of 2014, which among other things, established a procedure for specified classes of offenders to have their felony convictions reduced to misdemeanors and be resentenced accordingly. (§ 1170.18.)
In a previous unpublished opinion, we affirmed the trial court's denial of Orozco's petition for resentencing under Proposition 47. ( People v. Orozco, 2016 WL 3094164 (May 25, 2016, D067313) [nonpub. opn.].) In this opinion, at the direction of the California Supreme Court, we reconsider the matter in light of People v. Page (2017) 3 Cal.5th 1175 , 225 Cal.Rptr.3d 786 , 406 P.3d 319 ( Page ). We affirm the trial court's order denying Orozco's petition without prejudice to consideration of a subsequent petition providing evidence of eligibility.
FACTUAL AND PROCEDURAL BACKGROUND
On August 7, 2014, the police pulled Orozco over and a routine license plate check showed the car…