P. v. Cruder CA5
Appellant Desiree Alayna Cruder appeals from the denial of her petition for resentencing under Penal Code section 1170.18, seeking modification of the sentence imposed on her conviction for unlawfully driving or taking a vehicle (Veh. Code, § 10851). Appellant contends that her conviction under section 10851 is eligible for resentencing under Proposition 47 generally, that her petition factually demonstrated eligibility, and that the trial court should have permitted her the opportunity to offer evidence regarding the value of the stolen vehicle. For the reasons set forth below, we affirm without prejudice to the filing of a new petition.
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