Is Receiving a Stolen Motorcycle Prop 47 Eligible?

James Ruben Varner entered into a plea for violating Penal Code § 496d(a), receiving stolen property.  This is a felony.  However, Varner argued that with Prop 47 creating section Penal Code § 490.2, his offense was eligible as a violation of 490.2 and thus, eligible under Prop 47 for reduction from a felony to a misdemeanor.  Was this a good argument?  Why or why not?  Click on the following link to fine out.

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