California, United States of America
The following excerpt is from People v. Oropeza, H042442 (Cal. App. 2016):
Defendant bore the burden to make the initial showing of eligibility under Proposition 47. (People v. Sherow (2015) 239 Cal.App.4th 875.) In the trial court, defendant presented no facts or evidence apart from those already in the record of conviction. The trial court did not order an evidentiary hearing, apparently based upon its conclusion that Section 10851 "is not one of the offenses that is affected by the provisions of Proposition 47 or 1170.18 of the Penal Code." However, the record establishes that defendant did not commit theft of a vehicle within the meaning of Section 10851 because he did not intend to permanently deprive the owner of possession.
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