P. v. Hernandez CA4/1
Justin Robert Hernandez appeals from a postjudgment order denying his petition under Penal Code section 1170.18, subdivision (f), enacted by the voters as part of the Safe Neighborhoods and Schools Act (Proposition 47). (Voter Information Guide, Gen. Elec. (Nov. 4, 2014) text of Prop. 47, § 14, pp. 73–74.) He contends the court erred in finding section 490.2, subdivision (a) (hereafter § 490.2(a)), also enacted by the voters as part of Proposition 47 (Voter Information Guide, Gen. Elec., supra, text of Prop. 47, § 8, p. 72), does not require the court to designate his felony conviction for unlawfully taking or driving a vehicle (Veh. Code § 10851, subd. (a), hereafter Veh. Code, § 10851(a)) as a misdemeanor. We conclude section 490.2(a) does not apply to convictions under Vehicle Code section 10851(a) and affirm the order.
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