P. v. Baquiran CA6
In 2002, defendant Emmanuel Morales Baquiran pleaded no contest to taking or driving a vehicle without the owner’s consent in violation of former Vehicle Code section 10851, subdivision (a) (hereafter Vehicle Code section 10851(a)), and receiving stolen property in violation of former Penal Code section 496, subdivision (a). Defendant was placed on probation, and his probation was terminated in 2005.
In 2017, defendant filed a petition with the trial court pursuant to section 1170.18, subdivision (f), which was enacted as part of Proposition 47, to have both felony convictions redesignated as misdemeanors. The court granted the petition as to the conviction for receiving stolen property (former § 496, subd. (a)) but denied the petition as to the conviction for taking or driving a vehicle without the owner’s consent (former Veh. Code, § section 10851(a)). The court determined that the Vehicle Code offense was categorically ineligible for redesignation under section 1170.18.
Comments on P. v. Baquiran CA6