Does Penal Code section 490.2 of the California Penal Code constitute a grand theft offence?

defendants. (Pen. Code, 490.2, 487, subd. (d)(1).) Penal Code section 490.2 does bring a host of unspecified statutes defining grand theft within its ambit. (Pen. Code, 490.2, subd. (a).) However, Vehicle Code section 10851 does not appear explicitly in Penal Code section 490.2 (as does Pen. Code, 487). Moreover, Vehicle Code section 10851 does not purport to define the taking of a vehicle as grand theft; rather, it simply proscribes actions, whether or not there was an intent to steal. (Veh. Code, 10851, subd (a); see People v. Garza (2005) 35 Cal.4th 866, 876 ["A person can violate [Vehicle Code] section 10851[, subdivision] (a) 'either by taking a vehicle with the intent to steal it or by driving it with the intent only to temporarily deprive its owner of possession (i.e., joyriding).'"].) Thus, Penal Code section 490.2 is simply inapplicable to defendant's offense.

Defendant also contends that, in light of the intent of the drafters of Proposition 47 and the rule of lenity, Proposition 47 should be interpreted "in a manner consistent with the wording of the statute, that results in the lenient treatment of minor theft offenses." However, "If the language of a statute is clear and unambiguous, we do not have anything to construe and consequently do not need to resort to the various forms of indicia of legislative intent." (People v. Meyer (2010) 186 Cal.App.4th 1279, 1283.) As noted, the plain language of Penal Code section 1170.18 is clear and does not include Vehicle Code section 10851 among the enumerated sections amended or added by Proposition 47. (Pen. Code, 1170.18, subd. (a).) Moreover, the statutory language setting the punishment for violations of Vehicle Code section 10851 remains the same,

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