P. v. Flewell CA3
Following a jury trial, defendant Michael Wayne Flewell was convicted of unlawfully driving or taking a vehicle. (Veh. Code, § 10851, subd. (a).) Defendant admitted two prior prison term allegations (Pen. Code, § 667.5, subd. (b)) and the trial court sustained a strike allegation (§ 1170.12). Defendant was sentenced to a six-year state prison term.
On appeal, defendant contends his Vehicle Code section 10851 conviction (unlawfully driving or taking a vehicle) should be reduced to a misdemeanor under Proposition 47 (as approved by voters Gen. Elec., Nov. 4, 2014, eff Nov. 5, 2014, codified as § 1170.18 (Proposition 47)) because the vehicle in question was worth less than $950. Defendant also contends the trial court erred in failing to instruct on the value of the vehicle as an element of unlawfully driving or taking a vehicle and admitting evidence of defendant’s two prior Vehicle Code section 10851 convictions.
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