People v. Stanley CA1/5

BACKGROUND

A.

In two transactions occurring in January and February 2024, Stanley transferred more than $20,000, without authorization, from his former employer’s bank account.

Stanley was charged by information with two counts of felony identity theft (§ 530.5, subd. (a); counts one & three) and

Undesignated statutory references are to the Penal Code. 1 two counts of felony grand theft (§ 487, subd. (a); counts two & four). Stanley pled no contest to count one in exchange for a stipulated two-year prison term—which would run concurrently to terms to be served in two other Del Norte County cases and a sentence he was already serving in an unrelated Humboldt County case—and dismissal of the remaining counts with a Harvey waiver.2 At the change of plea hearing, the trial court advised Stanley of the direct consequences of his plea, took oral and written waivers of rights, found a factual basis, and found that the plea was freely and voluntarily made.

After considering the probation department’s presentencing report, the trial court imposed the stipulated two-year prison sentence. Defense counsel argued that Stanley was entitled to presentence custody credits from the time…