P. v. Solis CA2/3
In 2015, defendant Esmeralda Solis appealed from the denial of her petition for recall and resentencing under Proposition 47, arguing that the initiative, which reduced the penalty for theft of property worth $950 or less, applied to her felony conviction for taking or driving a vehicle under Vehicle Code section 10851, subdivision (a). We concluded she was not convicted of a qualifying theft offense and affirmed. The Supreme Court granted review and has now transferred the case back to us for reconsideration in light of its decision in People v. Page (2017) 3 Cal.5th 1175 (Page).
We now conclude defendant may have been convicted of a qualifying offense. We therefore grant her requested relief and affirm without prejudice to defendant filing a new petition that establishes her eligibility for resentencing—or, given the passage of time, reclassification—under Proposition 47.
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