P. v. Weitzeil CA4/2
Defendant and appellant Jeremy Scott Weitzeil appealed from a post-judgment order denying his Proposition 47 petition for resentencing and to redesignate his 2015 felony conviction for unlawfully driving or taking a vehicle with a prior vehicle theft conviction (Veh. Code, § 10851, subd. (a); Pen. Code , § 666.5, subd. (a)) to misdemeanor petty theft (§§ 490.2, 1170.18, subds. (a), (f), (g)).
On appeal, defendant argued that Proposition 47 and the equal protection clause required that his conviction for unlawfully driving or taking a vehicle under Vehicle Code section 10851, subdivision (a), be reduced to a misdemeanor and that the matter be remanded for a hearing to determine facts essential to this determination based on admissible evidence. Defendant also believed that Proposition 47 does not place the burden on the petitioner to establish eligibility.
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