P. v. Aparicio
In this Proposition 47 case (Pen. Code, § 1170.18), defendant Valentine Aparicio appeals an order denying his petition for resentencing as to his conviction for receiving a stolen vehicle (§ 496d, subd. (a)). Defendant contends Proposition 47, the Safe Neighborhoods and Schools Act (§ 1170.18), implicitly includes the offense of receiving a stolen vehicle in violation of section 496, subdivision (a), which makes the receipt of stolen property valued at $950 or less punishable as a misdemeanor. Defendant also contends that denial of his petition for resentencing violated his equal protection rights.
We conclude a conviction for violating section 496d, subdivision (a), does not qualify for resentencing under Proposition 47. We also reject defendant’s equal protection challenge. The trial court therefore did not err in denying defendant’s petition for resentencing, and we affirm the judgment.
Comments on P. v. Aparicio