Latest Case: People v. Orozco (Criminal Law)

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People v. Orozco

Docket: S249495

Opinion Date: March 26, 2020

Judge: Goodwin Liu

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the court of appeal ruling that Proposition 47's revision to Cal. Penal Code 496, making the offense of receiving stolen property a misdemeanor when the value of the property is $950 or less, does not extend to convictions for receiving a stolen vehicle under section 496d, holding that Proposition 47's amendment to section 496(a) did not affect convictions for receiving stolen property under section 496d. Proposition 47 amended section 496, the general statute criminalizing receipt of stolen property, by making the offense a misdemeanor if the value of the property does not exceed $950. Proposition 47, however, did not amend 496d. Defendant pleaded guilty to unlawfully buying, receiving, concealing, selling or withholding a stolen vehicle in violation of section 496d. Defendant filed a motion under Proposition 47 to reduce his convictions to misdemeanors. The trial court denied the motion, and the court of appeal affirmed. The Supreme Court affirmed, holding that Proposition 47's revision to section 496 does not extend to convictions under section 496d.