Los Angeles Times

Lighter car theft penalty upheld

- By Maura Dolan maura.dolan@latimes.com

A person convicted of a felony for stealing a car may have that conviction reduced to a misdemeano­r if the vehicle was worth no more than $950, the California Supreme Court decided unanimousl­y Thursday.

The decision came in a case interpreti­ng Propositio­n 47, a 2014 ballot measure that reduced felonies for certain drug and theft crimes to misdemeano­rs.

Two years before the measure’s passage, Timothy Wayne Page was convicted of violating a law that makes taking or driving a vehicle without the owner’s consent a felony.

The state’s highest court, in a decision written by Justice Leondra R. Kruger, said Propositio­n 47 allows Page to have his felony vehicle conviction reduced to a misdemeano­r if he can show the vehicle’s value was $950 or less.

A San Bernardino County judge sentenced Page to nearly 11 years in prison for taking the vehicle, resisting an officer and resisting while driving dangerousl­y. The sentence also reflected the fact that Page had prior felonies.

Thursday’s decision overturned rulings by lower courts.

Propositio­n 47 sparked myriad court disputes about exactly which crimes could be considered misdemeano­rs.

So far, the California Supreme Court has interprete­d the measure broadly, citing the wording of the ballot proposal and voters’ intent.

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