People v. Stout CA3

I. BACKGROUND

This case returns after our most recent remand for resentencing. In the first case (case No. 16F2193), defendant pleaded no contest to receiving a stolen motor vehicle with a prior felony and admitted a prior prison term. (Pen. Code,

1 Undesignated statutory references are to the Penal Code.

1 §§ 496d, subd. (a), 666.5, 667.5, former subd. (b).) (People v. Stout (Nov. 15, 2022, C095431) [nonpub. opn.] (Stout II).) A deputy sheriff pulled defendant over while defendant was driving a truck. When asked for the truck’s registration and insurance, defendant said he did not have either as he had borrowed the truck from an acquaintance. The deputy noticed the steering column was covered by tape and the ignition appeared to be hanging by wires. The vehicle identification number and license plate did not match. Defendant admitted he suspected the truck was stolen. In the second case (case No. 16F2518), defendant pleaded no contest to possessing a billy club. (§ 22210.) In that case, a police officer noticed a car parked in a fast-food restaurant parking lot with its door open. When the officer asked defendant to get out of the car, he saw a large wooden billy club…