Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison Legislation & Laws
Register Entertainment FAQ Calendar Mark Forums Read

Prison Legislation & Laws Discuss and learn about pending legislation or changes in laws that affect various prisons and institutions

Reply
 
Thread Tools Display Modes
  #1  
Old 02-19-2015, 05:16 PM
Kishale Kishale is offline
Registered User
 

Join Date: Mar 2013
Location: CA usa
Posts: 24
Thanks: 7
Thanked 2 Times in 2 Posts
Default Prop 47 Question

Is anyone's LO in for vehicle code 10851 (grand theft auto) and has been approved for re sentencing, had a court date, or been denied? My bf is trying to see if he qualifies with this charge.
Thanks!
Reply With Quote
Sponsored Links
  #2  
Old 02-20-2015, 07:29 PM
LifeTraveler's Avatar
LifeTraveler LifeTraveler is offline
Crazy Cajun Super Moderator

PTOQ Editorial Team Member PTO Super Moderator 

Donation Award 
 

Join Date: Mar 2006
Location: Louisiana, USA
Posts: 16,298
Thanks: 15,747
Thanked 17,177 Times in 6,850 Posts
Default

Your best bet might be to pay a lawyer for 30 minutes or so of his time so you can get the correct information.
__________________
Life Traveler
Super Moderator
LASO, Immigration, Drug & Alcohol Treatment & Rehab, Louisiana, Ohio











Reply With Quote
  #3  
Old 02-26-2015, 01:35 PM
mammaseeta mammaseeta is offline
Registered User
 

Join Date: Mar 2014
Location: Portland, OR
Posts: 142
Thanks: 67
Thanked 81 Times in 56 Posts
Default

Was the car worth less than $950?
Reply With Quote
  #4  
Old 06-11-2015, 10:33 PM
HisSteadfast HisSteadfast is offline
Registered User
 

Join Date: Jun 2015
Location: San Diego, California
Posts: 5
Thanks: 0
Thanked 2 Times in 1 Post
Default

There is also a website that provides free attorney advice once you post your question. Usually several attorney's will reply. It's avvo.com
Reply With Quote
The Following 2 Users Say Thank You to HisSteadfast For This Useful Post:
Benjaminsbaby (10-04-2016), suzanne71 (07-23-2015)
  #5  
Old 07-09-2017, 03:49 PM
jumbosgirl jumbosgirl is offline
Registered User
 

Join Date: Jul 2017
Location: HUNTINGTON BEACH
Posts: 13
Thanks: 3
Thanked 6 Times in 3 Posts
Default

Hi i was wondering if you ever got the answer you were looking for?if not here is some updated information.
Eligible if defendant proves value does not exceed $950. People v. Ortiz (2016) 243 CA4th 854, rev.
granted, briefing def’d 3-16-16, S232344; People v. Gomez (2016) 243 CA4th 319, rev. granted, briefing
def’d 5-25-16, S233849. Numerous California statutes refer to “vehicle theft” or “theft” in a way that
appears to include Veh C §10851. E.g., Civ C §1936(b)(2); Veh C §38125; Ins C §1871.3.
Ineligible. People v. Page (2015) 241 CA4th 714, rev. granted, lead case 1-27-16, S230793; People v.
Haywood (2015) 243 CA4th 515, rev. granted, briefing def’d 3-9-16, S232250; People v. Solis (2016) 245
CA4th 1099, rev. granted, briefing def’d 6-8-16, S234150; People v. Orozco (2016) 244 CA4th 65, 68, rev.
granted, briefing def’d 8-10-16, S235603; People v. Johnston (2016) 247 CA4th 252, rev. granted, briefing
def’d 7-13-16, S235041.
Maybe. A violation of Veh C §10851 may be based upon theft or receiving stolen property. Unless the
defendant proves that the conviction was based upon theft that did not include driving after completion of
the theft, the offense is ineligible. The CTA took “no position” on whether a violation based solely upon
theft and no additional driving is eligible if the defendant if the defendant proves the value does not exceed
$950. People v. Sauceda (CA5, 9-23-16, F071531) 3 CA5th 635, rev. granted, briefing def’d 11-30-16,
S237975. “Proposition 47 applies to section 10851 theft convictions when the value of the vehicle is $950
or less, but not convictions based on driving, no matter the value.” People v. Van Orden (CA4/2, 3-23-17,
E066432) 9 CA5th 1277, rev. granted, briefing def’d 6-14-17, S241574.
In unpublished cases, the CTA has occasionally held that a violation of Veh C §10851 with a prior
conviction has to be a felony because §666.5 creates a straight felony. E.g., People v. Pifer (9-23-16,
E064119) 2016 WL 5338117, unpublished. However, §666.5 uses language that suggest violations of it are stealth wobblers.

Last edited by jumbosgirl; 07-09-2017 at 03:56 PM.. Reason: added to what i wrote
Reply With Quote
Reply

Bookmarks

Tags
grand theft auto, prop 47, vehicle code 10851

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Prop 36 Question--What Happens If You Stop Going To Classes? confused19 California Parole, Probation & Release 6 11-20-2010 09:38 AM
How to attach a prop to a jacket (a halloween costume question) flamered PTO Lounge 2 01-27-2009 11:01 AM
Question about Prop 36 (California) and bail issues jennifergreen Prison Legislation & Laws 1 01-06-2006 04:46 PM
link to ca prop results with map of percenteges y/n for prop 66 francis California Prison & Criminal Justice News & Events + 3 Strikes 1 11-04-2004 08:09 PM


All times are GMT -6. The time now is 08:06 PM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics