Proposition 47 Applies to Joy Riding Because Temporary Taking Is LIO of Permanent Taking
August 7th, 2020
Proposition 47 provides that theft of $950 or less is just a misdemeanor. People v. Page (2017) 3 C5th 1175 held that a violation of VC 10851 (aka joyriding) for stealing a car worth $950 or less is covered by Proposition 47. However, VC 10851 describes both taking the car and driving the car and Page concluded that post-theft driving does not qualify for Proposition 47. (See also People v. Morales (2019) 33 CA5th 800, 808 [rejecting equal protection challenge to this disparity and finding no absurdity in potential for more severe punishment of posttheft driving than for theft, in part because “[d]riving is an inherently dangerous activity, driving illegally even more so, and although the theft of a car is a single incident, driving a car without its owner’s permission may be done many times, multiplying the threat to public safety”].)
People v. Bullard (2020) 9 C5th 94 held that temporary taking is a lesser-included offense within permanent taking and that both are covered by Proposition 47: “Except where a conviction is based on post-theft driving (i.e., driving separated from the vehicle’s taking by a substantial break), a violation of section 10851 must be punished as a misdemeanor theft offense if the vehicle is worth $950 or less.” For post-sentencing relief under PC 1170.18, the defense bears the burden of showing facts justifying relief, while in pending cases the DA has the burden of showing the defendant doesn’t qualify.
Tags: CC 1800, CC 1801, CC 1802, CC 1820, CC 1822, Felony Taking or Driving a Vehicle, Joyriding, Proposition 47, Theft