P. v. Good CA4/2
Defendant and appellant Samuel Jean Good appeals from the trial court’s denial of his petition for resentencing under Proposition 47 of his felony conviction for unlawfully driving or taking a vehicle with a prior vehicle theft conviction (Veh. Code, § 10851, subd. (a)/Pen. Code, § 666.5). On appeal, defendant argues he is entitled to Proposition 47 relief for his vehicle theft conviction because (1) the plain text of section 490.2 does not exclude vehicle theft offenses from “ ‘petty theft’ ” misdemeanor convictions, and (2) the Legislature intended Proposition 47 to make recall and resentencing available for vehicle theft convictions such as those under section 666.5 by broadening the category of “ ‘petty theft.’ ” In light of the California Supreme Court’s recent opinion in People v. Page (2017) 3 Cal.5th 1175 (Page), we affirm the judgment without prejudice to allow defendant to refile his petition.
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