P. v. Bartlett CA4/2
Brandon Donald Bartlett appeals the trial court’s denial of his Penal Code section
1170.18 petitions to reduce his two felony Vehicle Code section 10851 (Vehicle Code
section 10851) convictions and one felony Penal Code section 496d conviction to
misdemeanors under Proposition 47. We affirm the trial court’s ruling with respect to the
section 496d1 conviction, but we conclude the trial court erred in ruling Proposition 47
does not apply to VC 10851 offenses as a matter of law. As this court recently held in
People v. Van Orden (2017) 9 Cal.App.5th 1277, 1283 (Van Orden), Proposition 47
applies to VC 10851 offenses when the convictions are based on theft (as opposed to
unlawful driving) if the vehicle stolen was less than $950. The police reports for
Bartlett’s VC 10851 offenses create a factual issue as to whether the convictions are
based on theft or on unlawful driving occurring after a “substantial break” from the theft.
(Van Orden, at pp. 1283, 1286-1287.) On r
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