P. v. Joaquin CA1/3
Defendant Joshua James Joaquin appeals from his conviction of one felony count of driving or taking a vehicle without the owner’s consent in violation of section 10851, subdivision (a) of the Vehicle Code. He contends that the trial court erroneously denied his pre-plea motion to reduce the charges against him to misdemeanors pursuant to Proposition 47, the Safe Neighborhoods and Schools Act of 2014 (Proposition 47). We conclude that the procedure employed to determine the applicability of Proposition 47 was unauthorized and, accordingly, reverse the judgment and remand the matter to the trial court for further proceedings as set forth below.
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