P. v. Pineda CA4/3
The issue in this case is whether appellant was properly convicted of a felony for unlawfully taking or driving a vehicle under Vehicle Code section 10851. The matter was transferred to us from the Supreme Court for reconsideration in light of its decision in People v. Page (2017) 3 Cal.5th 1175 (Page). Page held a violation of section 10851 constitutes a misdemeanor for purposes of Proposition 47 if it was based on the theft of a vehicle valued at $950 or less. Conversely, a conviction based on posttheft driving falls outside the scope of the initiative and may be treated as a felony. Because the jury instructions in appellant’s case did not make that distinction clear, and because the record fails to disclose the basis on which the jury convicted him of violating section 10851, we reverse and remand for further proceedings.
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