CSC Review Granted: Lesser Included Offenses and Proposition 47
August 15th, 2016

The CSC has granted review in three cases to consider whether Proposition 47 (“the Safe Neighborhoods and Schools Act”) applies to the offense of unlawful taking or driving a vehicle (Veh. Code,  10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18.

See People v. Page (2015) 241 Cal.App.4th 714, review granted 1/27/2016 (S230793/E062760), see also People v. Casias (Mar. 22, 2016, H042065) [nonpub. opn.], review granted 5/25/2016 (S233979); People v. Gomez (Mar. 15, 2016, E062867) [nonpub. opn.], review granted 5/25/2016 (S233849)

Briefing in Casias and Gomez was deferred pending decision in Page.[NF]