P. v. Carver CA3
This appeal raises one issue: whether defendant Robert Kenneth Carver was entitled to have his felony conviction for unlawfully taking or driving a vehicle (Veh. Code, § 10851, subd. (a)) reduced to a misdemeanor pursuant to Proposition 47. In light of the California Supreme Court’s recent opinion in People v. Page (2017) 3 Cal.5th 1175 (Page), we conclude he is entitled to refile his petition under Proposition 47 so that he may have the opportunity to prove he was sentenced for unlawfully taking or driving a vehicle and that the vehicle in question was valued under the $950 threshold. Accordingly, we affirm the judgment without prejudice to allow defendant to refile his petition.
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