P. v. Ghoston CA4/2
Defendant Trias Ghoston appeals from the denial of his request under Penal Code section 1170.18, added by Proposition 47, for redesignation of his conviction for felony unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)) to misdemeanor petty theft (Pen. Code, § 490.2). Defendant argues a violation of Vehicle Code section 10851 is a theft crime within the scope of Proposition 47 and Penal Code section 1170.18, and the trial court therefore erred in denying his request. In our original opinion, we concluded Vehicle Code section 10851 is not a theft crime for purposes of Proposition 47, and we affirmed the order denying defendant’s petition.
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