P. v. States CA4/2
Defendant Charles Lewis States pleaded guilty to attempted unlawful taking or driving of a vehicle in violation of Vehicle Code section 10851, subdivision (a)and Penal Code section 664, subdivision (a). Thereafter, Proposition 47 went into effect. Proposition 47 allows certain defendants convicted of specified theft or drug-related felonies to petition to have those convictions treated as misdemeanors. The trial court denied defendant’s petition under Proposition 47, on the ground that Proposition 47 does not apply to a conviction for unlawful taking or driving of a vehicle.
Defendant appeals. He contends that Proposition 47 must be construed as applying to a conviction for attempted unlawful taking or driving of a vehicle. Alternatively, he contends that, if Proposition 47 does not apply to a conviction for attempted unlawful taking or driving of a vehicle, it violates equal protection.
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