P. v. Cabello CA4/1
Francisco Rolando Cabello appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.18. The court denied the petition because the court determined Cabello's felony conviction for taking or driving a vehicle (Veh. Code, § 10851, subd. (a)), was categorically ineligible for resentencing as misdemeanor petty theft (Pen. Code, § 490.2, subd. (a)). However, the California Supreme Court recently held a defendant whose conviction under Vehicle Code section 10851, subdivision (a), was for the theft of a vehicle worth $950 or less is eligible to be resentenced to misdemeanor petty theft under Penal Code section 490.2, subdivision (a). (People v. Page (2017) 3 Cal.5th 1175, 1180, 1184, 1187–1188 (Page).) As the record establishes Cabello's conviction was for vehicle theft and the value of the vehicle he stole was worth less than $950, Cabello's conviction is eligible for resentencing as misdemeanor petty theft.
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