People v. Ortiz

Márquez, J.

*857Defendant Manuel Ignacio Ortiz appeals from the denial of his petition for resentencing under Proposition 47. Defendant contends Penal Code section 490.2 (Section 490.2 ) makes him eligible for resentencing on his conviction for theft of a car under Vehicle Code section 10851 (Section 10851 ). The trial court denied the petition on the ground that a conviction under Section 10851 does not meet Proposition 47's eligibility criteria as a matter of law.

We hold that a defendant convicted under Section 10851 may be eligible for Proposition 47 resentencing if he or she can show the…