The People v. Vasquez CA2/1

BACKGROUND

On October 24, 2011, police observed defendants standing near a minivan parked in front of a stolen Acura Integra. The license plate of the van was obscured by a newspaper that had been folded over it. The emblem on the Integra was missing, as were the stereo and rear seat, and the glove compartment appeared to have been ransacked. Police searched defendants and the minivan and found the missing parts, along with an 1 extra steering wheel, several flashlights, a bag of tools, and a key that had been shaved in such a way as to allow access to the ignition of different vehicles. 2 Defendants were charged with receiving a stolen motor vehicle (Pen. Code, 496d, subd. (a); count one), second degree burglary of a vehicle (§ 459; count two), receiving 3 stolen property (§ 496, subd. (a); count four ), possession of burglar’s tools (§ 466; count five), and grand theft auto (§ 487, subd. (d)(1); count six). Vasquez presented no evidence at trial. Chavez testified he had no fixed address and was planning to sleep in the minivan when he found the Integra’s parts on the sidewalk. He was putting them in the minivan when police arrived.

1 When a vehicle’s steering wheel has been…