People v. Lefall CA6

I. FACTS AND PROCEDURAL BACKGROUND2

In June 2022, Lefall, together with codefendant Foster Carver Valrey, stole and attempted to steal items from Home Depot stores in Gilroy and Morgan Hill. When officers searched Lefall, they discovered a small amount of cocaine in his possession. On December 15, 2022, Lefall was charged by complaint with grand theft (Pen. Code, § 4873, subd. (a); count 1) and attempted grand theft (§§ 664, 487, subd. (a); count 2). Valrey was also charged in counts 1 and 2, as well as in two other counts. On August 28, 2023, Lefall pleaded no contest to count 2 pursuant to a plea agreement in which he agreed to plead no contest to attempted grand theft in exchange for a two-year probationary sentence that would include, among other terms and conditions of probation, the following: credit for time served, an order to stay away from Home Depot stores, and a motion (which the district attorney would not oppose) that his conviction be reduced to a misdemeanor if he committed no new violations of law for one year. Lefall executed a written advisement of rights, waiver and plea form, which the court reviewed with him before taking Lefall’s no contest plea. The trial…