Opinion
S239488
02-21-2018
E065918 Fourth Appellate District, Div. 2
Briefing ordered in previously Held case
The parties are ordered to brief the following question: “Does equal protection or the avoidance of absurd consequences require that misdemeanor sentencing under Penal Code sections 490.2 and 1170.18 extend not only to those convicted of violating Vehicle Code section 10851 by theft, but also to those convicted for taking a vehicle without the intent to permanently deprive the owner of possession?” (See People v. Page (2017) 3 Cal.5th 1175, 1188, fn. 5.) The parties' briefs are to be filed as set out in California Rules of Court, rule 8.520(a), with the time for petitioner to file the opening brief (id., rule 8.520(a)(1)) running from the date of this order.