P. v. Contreras CA2/2
Jamie Contreras (defendant) was convicted by a jury of one count of unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)). The court sentenced defendant to the midterm of two years in prison to be served in county jail.
Defendant appeals from the judgment of conviction, contending the trial court erred when it failed to revoke his self-representation and appoint counsel and also erred in imposing a felony sentence for his Vehicle Code section 10851 conviction in the absence of evidence that the value of the vehicle exceeded $950, as required by Proposition 47. We conclude that the trial court did not err in permitting defendant’s continued self-representation and did not abuse its discretion in proceeding with the trial in defendant’s voluntary absence. Further, Proposition 47 does not apply to Vehicle Code section 10851 and defendant’s felony sentence is proper. Accordingly, the judgment of conviction is affirmed.
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