The People v. Shiringoharian CA2/2

FACTS

The information The District Attorney of Los Angeles County filed an amended information against defendant on January 16, 2012. Count 1 alleged that defendant committed grand theft auto of a gray 2006 BMW (Pen. Code, § 666.5).1 The gray 2006 BMW belonged to Alison Austin (Austin). In count 2, defendant was charged with receiving Austin’s BMW after it had been stolen (§ 666.5).2 Count 3 charged defendant with receiving stolen property in violation of section 496, subdivision (a). That property was a desktop computer belonging to Austin, checks belonging to Cheryl Paller (Paller), Triple A cards belonging to Jerry Kay (Kay), a driver’s license belonging to Erik Olsen (Olsen), a driver’s license and social security

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Section 666.5, subdivision (a) increases the base term for a second felony theft of automobile. (People v. Demara (1995) 41 Cal.App.4th 448, 452.) The statute provides in part: “Every person who, having been previously convicted of a felony violation of Section 10851 of the Vehicle Code, or felony grand theft involving an automobile in violation of subdivision (d) of Section…