The People v. Charter CA3

BACKGROUND

Because this matter was resolved by plea the facts are taken from the stated factual basis. Between February 28, 2013 and March 1, 2013, defendant willfully and unlawfully took the victim’s 1990 Honda Accord without the victim’s permission and with the intent to permanently deprive him of title and possession. A felony complaint charged defendant with vehicle theft (Veh. Code, § 10851, subd. (a)), receiving stolen property (Pen. Code, § 496, subd. (a)) and misdemeanor possession of burglary tools (Pen. Code, § 466). Defendant pleaded no contest to the auto theft charge and the remaining counts were dismissed. The trial court granted defendant probation for a period of five years conditioned on serving 270 days in county jail, with credit for time served of six days. The trial court ordered defendant to pay a $280 restitution fund fine (Pen. Code, § 1202.4), a $30 court facilities assessment (Gov. Code, § 70373), a $40 court security fee (Pen. Code, § 1465.8, subd. (a)(1)), and a $25 urinalysis testing fee. The trial court reserved jurisdiction on the issue of direct victim restitution. The trial court imposed and the defendant accepted additional terms and conditions…