P. v. Kirkland CA1/4
These consolidated appeals raise two issues: (1) the denial of appellant Craig Kirkland’s petition to recall his sentence pursuant to Penal Code section 1170.18, a provision of Proposition 47, to reduce his conviction for unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)) from a felony to a misdemeanor, and; (2) the court’s termination of his probation and imposition of a two-year state prison sentence. In our initial decision in this case, we concluded Proposition 47 does not apply to a conviction for unlawfully driving or taking a vehicle under Vehicle Code section 10851, and therefore, Kirkland was ineligible for resentencing. The Supreme Court granted review and transferred the case back to us for reconsideration under People v. Page (2017) 3 Cal.5th 1175 (Page). In light of Page, we conclude Kirkland has failed to establish his eligibility for resentencing.
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