Can a conviction for a motor vehicle violation under section 490.2 of the California Vehicle Code be resentenced to a misdemeanor petty theft?

California, United States of America


The following excerpt is from People v. Rios, H043450 (Cal. App. 2017):

Defendant observes that Proposition 47 provides for a "broad[] constru[ction]" to effectuate its purposes, which include maximizing alternatives to prison for "nonserious, nonviolent crime." (Guide, supra, text of Prop. 47, 15, 2, pp. 74, 70.) We do not believe, however, in view of the text of section 490.2 and Vehicle Code section 10851(a), and the ballot materials for Proposition 47, that a broad construction of Proposition 47 can support the conclusion that felony violations of Vehicle Code section 10851(a) may be resentenced to misdemeanor petty thefts under section 490.2. (See Nickelsberg v. Workers' Comp. Appeals Bd. (1991) 54 Cal.3d 288, 298 ["the rule of liberal construction . . . should not be used to defeat the overall statutory framework and fundamental rules of statutory construction"].)

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