People v. Acosta: More Prop 47, Attempted Burglary of a Vehicle is Ineligible for Relief Under 1170.18

This case is pretty straightforward and the decision is no surprise.  But you can't blame a guy for trying.

Acosta pled guilty to attempted burglary of a car, a felony under Penal Code section 459.  After the November 2014 passage of Proposition 47, he petitioned the trial court to reduce his conviction to a misdemeanor pursuant to PC 1170.18.

Although 1170.18 suffers from logorrhea, the test for eligibility is a simple one: if Acosta committed his crime of conviction today, would it necessarily be a misdemeanor?  If so, he is eligible.  If not, he is not eligible.  And if Acosta committed an attempted burglary of a car today, it would not necessarily be a misdemeanor, it would be a wobbler.  

His attempt to shoehorn his offense into the shoplifting statute, PC 459.5, fails.  As does his equal protection argument.