P. v. Hubert CA3
Defendant Kevin Lloyd Hubert appeals from the trial court’s denial of his Penal Code section 1170.18 (unless otherwise set forth, statutory references that follow are to the Penal Code) petition for resentencing on his conviction for unlawfully driving or taking a vehicle (Veh. Code, § 10851). He contends that the crime of unlawfully driving or taking a vehicle comes within the resentencing provisions of section 1170.18 because it is a theft statute subject to section 490.2.
We previously affirmed the denial of the resentencing petition. (People v. Hubert (Sept. 2, 2016, C080123) [nonpub. opn.].) In this opinion, at the direction of the California Supreme Court, we reconsider the matter in light of People v. Page (2017) 3 Cal.5th 1175 (Page). For the reasons stated below, we affirm without prejudice to consideration of a subsequent petition providing evidence of eligibility.
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