Filed 10/7/16 P. v. Wilson CA5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

CHRISTOPHER ALAN WILSON,

Defendant and Appellant.

F071034

(Super. Ct. No. 1427666)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Stanislaus County. Joseph R. 

Distaso, Judge.

Lindsay Sweet, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney 

General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and 

Daniel B. Bernstein, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

 

* Before Levy, Acting P.J., Kane, J. and Poochigian, J.
2.

Appellant Christopher Allan Wilson appeals from the denial of his petition for 

resentencing under Penal Code section 1170.18 seeking modification of the sentence 

imposed on his prior conviction for unlawfully driving or taking a vehicle (Veh. Code, 

§ 10851). Appellant contends that his conviction under Vehicle Code section 10851 is 

eligible for resentencing under Proposition 47 and that the denial of his request violates 

principles of equal protection. For the reasons set forth below, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On August 19, 2011, appellant pled nolo contendere to unlawfully driving or 

taking a vehicle under Vehicle Code section 10851. The prosecutor explained the factual 

basis for the plea as follows: “on January 6, 2011, in Modesto and Stanislaus County, the 

defendant stole a 1991 grey Honda Accord, with intent to deprive the said owner of title 

to and possession of said vehicle.” Along with this charge, appellant was facing multiple 

additional charges and probation violations in copending cases. Appellant received a 

total sentence of three years four months for the Vehicle Code charge, which was 

suspended pending successful completion of a five-year probation term.

Appellant admitted to violating his probation on January 7, 2014, and again on 

August 22, 2014. As a result, appellant was sentenced in line with his previously 

suspended sentence for the Vehicle Code violation, as well as for his other prior matters.

On December 29, 2014, appellant petitioned for resentencing under Proposition 47 

on his 2011 Vehicle Code conviction. Appellant filed a brief supporting the petition, but 

did not include any evidence regarding the value of the 1991 Honda Accord. The trial 

court denied appellant’s petition, concluding that, although appellant was charged with 

auto theft under Vehicle Code section 10851, Proposition 47 did not “specifically list any 

Vehicle Code section” and including Vehicle Code section 10851 within the ambit of 

Proposition 47 would lead to absurd results by punishing joyriding more harshly than 

theft.

This appeal timely followed.
3.

DISCUSSION

Appellant argues that rules of statutory interpretation and the clear legislative 

intent behind Proposition 47 shows that Vehicle Code section 10851 is eligible for 

resentencing under Penal Code sections 1170.18 and 490.2. In addition, appellant argues 

that treating a conviction for theft of an automobile under Vehicle Code section 10851 as 

a felony while other similar property thefts are treated as misdemeanors under Penal 

Code section 490.2 violates equal protection principles. We have previously addressed 

both issues in a general fashion in People v. Sauceda (2016) ___ Cal.App.5th ___ [2016 

Cal.App. Lexis 792] (Sauceda). In Sauceda, we held that Vehicle Code section 10851 is 

not affected by the changes enacted through Proposition 47 and that no equal protection 

violation arises from the different potential punishments for, or the failure to grant 

retroactive sentencing relief to, those convicted under Vehicle Code section 10851. 

(Sauceda, supra, at p. ___ [p. 30].) We see no reason to depart from those rulings here.

With respect to his eligibility for resentencing under Proposition 47, appellant 

contends that his prior conviction was necessary for the theft offense contained within 

Vehicle Code section 10851 and, thus, he should be eligible for resentencing. We do not 

agree. As explained in Sauceda, a conviction under Vehicle Code section 10851 does not 

require an explicit determination of intent to steal. (Sauceda, supra, ___ Cal.App.5th at 

p. ___ [2016 Cal.App. Lexis 792, 10–11, 13].) Thus, evidence of theft is unnecessary to 

satisfy the elements needed for conviction. The fact that, in some limited circumstances, 

Vehicle Code section 10851 can serve as a lesser included offense to theft of an 

automobile (whether grand or petty theft under Proposition 47), does not change the fact 

that the ultimate conviction is not necessarily for a theft offense. Because Vehicle Code 

section 10851 is not by its nature a theft offense, its exclusion from Proposition 47 

confirms there was no intent to modify the punishment scheme separately set forth for the 

crime of unlawfully driving or taking a vehicle.
4.

With respect to appellant’s equal protection argument, appellant contends that 

strict scrutiny applies because “uniformity in the sentencing of similarly situated 

offenders encompasses the right to liberty, and is therefore a fundamental interest.” We 

disagree. The California Supreme Court has rejected this argument and the case

appellant cites in support, explaining: “We do not read [People v.] Olivas [(1976) 17 

Cal.3d 236] as requiring the courts to subject all criminal classifications to strict scrutiny 

requiring the showing of a compelling state interest therefor.” (People v. Wilkinson

(2004) 33 Cal.4th 821, 838.) As in Wilkinson, we find the contention here, that separate 

punishment schemes violate equal protection principles, is subject to a rational basis 

review. Under that standard, as we held in Sauceda, there is no equal protection 

violation. (Sauceda, supra, ___ Cal.App.5th at p. ___ [2016 Cal.App. Lexis 792, 30–31, 

fn. 5].)

DISPOSITION

The judgment is affirmed.