P. v. Hernandez CA5
The People charged Gildardo Hernandez (defendant) with (among other conduct) felony receipt of a stolen vehicle (Pen. Code, § 496d). (Undesignated statutory references are to the Penal Code.) The vehicle in question was over 30 years old. Prior to trial, defendant requested a special instruction that the prosecution needed to prove the vehicle’s value exceeded $950 to support a felony conviction under section 496d, subdivision (a). Defendant asked for this instruction in light of the Safe Neighborhoods and Schools Act’s (Proposition 47) reduction of certain theft crimes not exceeding $950 to misdemeanors.
Comments on P. v. Hernandez CA5