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Old 02-19-2015, 05:16 PM
Kishale Kishale is offline
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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.
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Old 02-20-2015, 07:29 PM
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Your best bet might be to pay a lawyer for 30 minutes or so of his time so you can get the correct information.
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Old 02-26-2015, 01:35 PM
mammaseeta mammaseeta is offline
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Was the car worth less than $950?
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Old 06-11-2015, 09:33 PM
HisSteadfast HisSteadfast is offline
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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
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Old 07-09-2017, 02:49 PM
jumbosgirl jumbosgirl is offline
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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 02:56 PM.. Reason: added to what i wrote
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grand theft auto, prop 47, vehicle code 10851

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