Can a defendant be charged with a misdemeanor under Proposition 47 of the California Criminal Code for unlawful driving or taking a vehicle?

Proposition 47 was passed and became effective in November 2014, roughly one month before appellant's crimes occurred. The measure "'makes certain drug- and theft-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants. These offenses had previously been designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors).' [Citation.]" (People v. Morales (2016) 63 Cal.4th 399, 404.)

Importantly, however, Proposition 47 did not replace or amend the crime at issue here, unlawful driving or taking a vehicle under section 10851, subdivision (a) (section 10851(a)). Thus, as it did at the time of appellant's crimes, that section continues to provide, "Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title or possession of the vehicle, whether with or without intent to steal the vehicle" shall be punished by a fine, a year in jail, or up to three years in state prison. (Ibid.) The prosecution was therefore within its rights in charging appellant with violating this provision, even though his crimes occurred after Proposition 47 was enacted. (See generally People v. Wilkinson (2004) 33 Cal.4th 821, 838-839 [absent discriminatory intent, it is the prosecutor's prerogative "to charge under one statute and not another"].)