The People v. Avila CA5

BACKGROUND

At the preliminary hearing, a police officer testified that the homeowner who owned the sago palms described the trees as over 30 years old and approximately six feet tall. The homeowner estimated their value at $3,000 for both. The homeowner’s neighbor had witnessed the theft and identified defendant as the perpetrator. Defendant was acquainted with the homeowner because he had met the homeowner’s deceased wife at church and she had given him work as a handyman. At the arraignment hearing, defendant pled not guilty to the grand theft charge. At a pretrial hearing, the prosecutor asked whether the defense would be willing to stipulate to the amount of the theft so the prosecutor would not be required to call a nursery employee to testify. Defense counsel declined, stating: “Since it’s an element of the offense, we can’t stipulate.” Later at the same hearing, defense counsel stated that defendant now wished to enter a plea and receive the six-year indicated term previously mentioned by the court. The court reiterated that the maximum penalty to which defendant would be exposed at trial was seven years eight months, and even if defendant prevailed at trial, he would…