P. v. Gratiano CA4/2
Defendant and appellant Lauren Anthony Gratiano appeals the denial of his Proposition 47 resentencing petition. (Pen. Code, § 1170.18.) The petition arose from his 2011 felony conviction for unlawfully taking or driving a vehicle. (Veh. Code, § 10851.) The trial court ruled that Vehicle Code section 10851 convictions were ineligible for resentencing and denied the petition. After defendant’s petition was denied, the Supreme Court decided People v. Page (2017) 3 Cal.5th 1175 (Page), which held that Vehicle Code section 10851 convictions are not categorically ineligible for resentencing under Penal Code section 1170.18. (Page, at p. 1189.)
Pursuant to Page, supra, 3 Cal.5th 1175, we affirm the denial of defendant’s petition, without prejudice to the trial court’s consideration of a petition providing evidence of his eligibility.
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