P. v. Aguayo CA1/4
Defendant John Aguayo appeals from the trial court’s denial of his petition to recall his sentence pursuant to Penal Code section 1170.18, a recently enacted provision of Proposition 47, and to reduce his prior conviction for unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)) from a felony to a misdemeanor. In our initial opinion in this case, we did not reach the merits of Aguayo’s argument that Vehicle Code section 10851 convictions may be reduced under Proposition 47. Instead, we concluded that, even if such reduction is available in some circumstances, Aguayo had not met his burden to show that he was eligible for resentencing, because he had not shown the value of the vehicle at issue was $950 or less. We therefore affirmed the denial of his petition without prejudice.
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