People v. Zakharov CA3

I. BACKGROUND

The People charged defendant with receiving stolen property for buying a moped he knew had been stolen, possessing a lockpick with intent to feloniously break or enter,

1 and possessing paraphernalia used for unlawfully injecting or smoking a controlled substance. The People also alleged that defendant had previously been convicted of a serious felony and that circumstances relating to the crimes and to defendant aggravated the offenses. At trial, a police officer testified that he saw defendant standing next to a moped holding a motorcycle helmet in the parking lot of a closed business at approximately 10:20 p.m. As the officer parked, defendant was digging in the storage compartment under the seat of the moped. The officer approached, shining his flashlight at the moped, and saw that it looked freshly spraypainted and was missing its license plate. A golf cart key was in the moped’s ignition. Another officer located a VIN on the moped, which the officers used to contact the registered owner. While waiting for the owner, one officer searched the moped and found two power tools, a phone charging cable, and a prescription pill bottle with defendant’s name on it. The…