P. v. Rios CA6
This case is before us for a second time, after the California Supreme Court transferred it back to this court with directions to reconsider in light of the recent opinion in People v. Page (2017) 3 Cal.5th 1175 (Page).
In September 2014, defendant Cesar Marcos Rios pleaded no contest to a felony violation of Vehicle Code section 10851, subdivision (a) (hereafter Vehicle Code section 10851(a)), and admitted that he had suffered a prior strike conviction (Pen. Code, § 1170.12, subd. (c)(1)). The trial court sentenced defendant to two years eight months in prison.
In March 2016, the trial court denied defendant’s petition under section 1170.18, which was enacted as part of Proposition 47, to have his Vehicle Code section 10851(a) conviction resentenced to a misdemeanor. On appeal, defendant contends that the trial court erred by denying the petition.
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