P. v. Campa CA3
Defendant Jaime Batrez Campa was convicted by jury of the unauthorized taking or driving of a vehicle (Veh. Code, § 10851) and receiving a stolen vehicle (Pen. Code, § 496d). In a bifurcated proceeding, defendant admitted he had served two prior prison terms (§ 667.5) and had one prior strike conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170, subds. (a)-(d)). The trial court sentenced him to serve five years in state prison.
On appeal, defendant contends the trial court prejudicially erred by failing to instruct the jury, sua sponte, that it was required to find the value of the stolen vehicle exceeded $950 in order to convict him of felony violations of section 496d and Vehicle Code section 10851. This contention is based on the premise that under Proposition 47 (as approved by voters Gen. Elec., Nov. 4, 2014, eff. Nov. 5, 2014) (Proposition 47), the Safe Neighborhoods and Schools Act, violations of these provisions are now misdemeanors
Comments on P. v. Campa CA3