P. v. Willis CA2/4
Defendant John Wayne Willis pled guilty to felony driving or taking a vehicle with a prior conviction in violation of Penal Code section 666.5. He later moved to reduce the conviction to a misdemeanor under Proposition 47, sections 490.2 and 1170.18. The trial court held that defendant was not eligible for a reduction as a matter of law. Defendant appealed.
While this appeal was pending, the Supreme Court held that a person convicted of vehicle theft may be eligible for resentencing under sections 490.2 and 1170.18 if the defendant can show the conviction was for a theft offense and the vehicle was worth $950 or less. (People v. Page (2017) 3 Cal.5th 1175 (Page).) We requested further briefing to address the effects of Page on this case. The parties agree that defendant is entitled to file a new petition to allow him to assert facts that may render him eligible for a reduction under sections 490.2 and 1170.18. We therefore affirm the denial of defendant’s motion without preju
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