P. v. Ferreira CA2/7
Chris Ferreira appeals the denial of his petition under Proposition 47, the Safe Neighborhoods and Schools Act of 2014 (Pen. Code, § 1170.18), to reduce his conviction for driving or taking a vehicle in violation of Vehicle Code section 10851, subdivision (a), to a misdemeanor. The trial court ruled that Ferreira’s felony conviction did not qualify for reduction to a misdemeanor under Proposition 47. Since the trial court issued its ruling, however, our Supreme Court in People v. Page (2017) 3 Cal.5th 1175 (Page) held that convictions under section 10851 are eligible for resentencing under Proposition 47 if (1) the vehicle was worth $950 or less, and (2) the sentence was imposed for theft of the vehicle, and not post-theft driving. (Page, supra, at p. 1188.) However, a defendant has the burden to establish his or her eligibility for resentencing. (Page, supra, 3 Cal.5th at p. 1188.) Because Ferreira failed to meet this burden, we affirm.
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