P. v. Caples CA2/6
Eric Wayne Caples appeals the denial of his Proposition 47 resentencing petition. (Pen. Code, § 1170.18.) The petition arises from appellant’s 2012 felony conviction for unlawfully taking or driving a vehicle. (Veh. Code, § 10851.) The trial court ruled that Vehicle Code section 10851 convictions are ineligible for resentencing; it did not consider whether the facts of this case support reduction of the conviction to a misdemeanor.
After appellant’s petition was denied, the Supreme Court decided People v. Page (2017) 3 Cal.5th 1175 (Page). Page holds that Vehicle Code section 10851 convictions are eligible for resentencing if the petitioning defendant shows (1) the vehicle was worth $950 or less, and (2) the sentence was imposed for theft of the vehicle rather than posttheft driving or a taking without the intent to permanently deprive the owner of possession. (Page at p. 1188.)
The record is inadequate regarding the two factual showings that must be made under Page.
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