P. v. Preciado
Defendant Anthony Aguilar Preciado pled no contest to felony driving or taking a vehicle under Vehicle Code section 10851, subdivision (a), and admitted the allegation that he suffered a prior conviction for a serious or violent felony. The court sentenced Preciado to 32 months in state prison. After California voters passed Proposition 47, the Safe Neighborhoods and Schools Act, Preciado petitioned the court for reduction of his felony conviction for driving or taking a stolen vehicle to a misdemeanor. The court denied Preciado’s petition, finding that a violation of Vehicle Code section 10851, subdivision (a), is not a theft offense qualifying for reduction of sentence under Proposition 47. The Court affirm.
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