What is the effect of Proposition 47 on a defendant who is serving a sentence for a violation of Vehicle Code section 10851?

Proposition 47 provides retrospective relief for defendants who are either serving a sentence or have completed a sentence for a prior conviction, if the prior conviction would have been a misdemeanor under Proposition 47 "had [it] been in effect at the time of the offense." (Pen. Code, 1170.18, subds. (a) & (f).) In this case, Proposition 47 was in effect at the time of the offense. However, defendant is not entitled to relief under Proposition 47. Vehicle Code section 10851 is a "wobbler" offense, punishable either as a felony or a misdemeanor. (Veh. Code, 10851, subd. (a); see People v. Superior Court

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