P. v. Flores CA4/1
The trial court found Gerardo Flores guilty of unlawfully taking and driving a vehicle (Veh. Code, § 10851, subd. (a)). At the sentencing hearing, the court reduced the offense to a misdemeanor under Penal Code section 17, subdivision (b)(3), suspended imposition of sentence, and placed Flores on summary probation for three years.
Flores appeals, contending the court erred by failing to reduce the offense to misdemeanor petty theft under Penal Code section 490.2, which the California Supreme Court recently held applies to the theft form of a Vehicle Code section 10851, subdivision (a), violation. (People v. Page (2017) 3 Cal.5th 1175, 1183.) We conclude the court did not err because the record shows Flores was not convicted of the theft form of a Vehicle Code section 10851, subdivision (a), violation. We, therefore, affirm the judgment.
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